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Updated: May 11, 2025
The interpretation of testaments was strict and literal; but the language of trusts and codicils was delivered from the minute and technical accuracy of the civilians.
2 An inheritance can neither be given nor taken away by codicils, nor, accordingly, can a child be disinherited in this way: for, if it were otherwise, the law of wills and of codicils would be confounded. By this it is meant that an inheritance cannot directly be given or taken away by codicils; for indirectly, by means of a trust, one can very well be given in this manner.
The declaration of Augustus relieved their doubts, gave a legal sanction to confidential testaments and codicils, and gently unravelled the forms and restraints of the republican jurisprudence.
He little thought that there were about five hundred orders from the Admiralty tacked on to them, which, like the numerous codicils of some wills, contained the most important matter, and to a certain degree make the will nugatory.
Furay collected from the thief and his relatives the full amount stolen from the mails during the entire continuance of the depredations, restoring the money to the rightful owners dollar for dollar. Young Mahoney made a written confession, supplemented by three or four codicils relating to items which, to use his own language, "at first did not to me occur."
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.
Legacies may be revoked either in a later clause of the will or by codicils, and the revocation may be made either in words contrary to those of the gift, as the gift thus 'I give and bequeath, the revocation thus 'I do not give and bequeath, or in words not contrary, that is to say, in any words whatsoever.
The declaration of Augustus relieved their doubts, gave a legal sanction to confidential testaments and codicils, and gently unravelled the forms and restraints of the republican jurisprudence.
If the testator in that great codicil case had been a woman, a jury would scarcely have refused to believe in the story of half a dozen different codicils hidden away in half a dozen different holes and corners. Women like that sort of thing. Of course, I quite understand that you bring me the will in all good faith; but I foresee difficulties in raising money upon such a security."
But, in the lapse of time, her wishes in regard to certain minor legacies, left to different relatives, had undergone some modification; and it became necessary to add three or four Codicils to the original document. Having done this at once, for fear of accident, I obtained her ladyship's permission to embody her recent instructions in a second Will.
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