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To make one's last will, said Epistemon, at this time that we ought to bestir ourselves and help our seamen, on the penalty of being drowned, seems to me as idle and ridiculous a maggot as that of some of Caesar's men, who, at their coming into the Gauls, were mightily busied in making wills and codicils; bemoaned their fortune and the absence of their spouses and friends at Rome, when it was absolutely necessary for them to run to their arms and use their utmost strength against Ariovistus their enemy.
3 Primarily, the rescript is applicable only where freedom is conferred by a will. How then will the case stand, if a man who dies intestate makes gifts of freedom by codicils, and on the intestacy no one accepts the inheritance? We answer, that the boon conferred by the constitution ought not here to be refused.
The discretion of the prætor was now governed by the lessons of his teachers; the judges were enjoined to obey the comment as well as the text of the law; and the use of codicils was a memorable innovation, which Augustus ratified by the advice of the civilians. The most absolute mandate could only require that the judges should agree with the civilians, if the civilians agreed among themselves.
These are the salt of the earth, and do not often have their names in the Sunday papers, unless it is in the matter of their wills and codicils. Then only do the worldly know that charity had walked among them and they knew her not. Of such was Miss Anna Warrington, spinster-aunt of Richard. She occupied the other half of the Bennington pew.
No one can doubt that liberty given, in codicils, by a man who dies having made a will, is effectual. 4 The terms of the constitution show that it comes into application when there is no successor on an intestacy; accordingly, it is of no use so long as it is uncertain whether there will be one or not; but, when this has been determined in the negative, it at once becomes applicable.
If people go on complaining long enough, they end in being ashamed to complain further. Farewell. You, with your usual watchfulness on my behalf, advise me that the codicils of Acilianus, who left me heir to half his estate, may be treated as though they were non-existent, because they are not confirmed by the will.
He had been in attendance upon it for nearly a year, and without any results: and now, as his infirmity increased, he turned to the settling of his own affairs, and drawing up of wills and codicils all very elaborate and precise.
I give, devise, and bequeath everything of which I die possessed, whether in real or personal estate, absolutely to my niece, Margaret Wynne, now resident with me at the above address, and I appoint the said Margaret Wynne the sole executor of this my will. And I revoke all former wills and codicils. Dated this eighteenth day of April, 1912.
But the power of the testator expired with the acceptance of the testament: each Roman of mature age and discretion acquired the absolute dominion of his inheritance, and the simplicity of the civil law was never clouded by the long and intricate entails which confine the happiness and freedom of unborn generations. Conquest and the formalities of law established the use of codicils.
"I had reason to know it as one of his executors, everything is confusion, nothing signed, no proper power of attorney, codicils drawn up in blank and never witnessed, in short, sir, no sense apparently of the nearness of his death and of his duty to be prepared. "I suppose," I said, "poor Podge didn't realise that he was going to die." "Ah, that's just it," resumed Mr.
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