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Updated: May 23, 2025
Immediately on his arrival Paul had learned that the Chamber of Justice was beginning to hear the Jansoulet case in secret, a mockery of a trial, lost beforehand; and the Nabob's closed counting-rooms on the Marine Quay, the seals placed upon his cash boxes, his vessels lying at anchor in the harbor of Goletta, the guard of chaouchs around his palaces, already denoted a species of civil death, an intestacy as to which there would soon be nothing left to do but divide the spoils.
The indications furnished by this part of Roman Testamentary Law are of a very different kind. It is remarkable that a Will never seems to have been regarded by the Romans as a means of disinheriting a Family, or of effecting the unequal distribution of a patrimony. The rules of law preventing its being turned to such a purpose, increase in number and stringency as the jurisprudence unfolds itself; and these rules correspond doubtless with the abiding sentiment of Roman society, as distinguished from occasional variations of feeling in individuals. It would rather seem as if the Testamentary Power were chiefly valued for the assistance it gave in making provision for a Family, and in dividing the inheritance more evenly and fairly than the Law of Intestate Succession would have divided it. If this be the true reading of the general sentiment on the point, it explains to some extent the singular horror of Intestacy which always characterised the Roman. No evil seems to have been considered a heavier visitation than the forfeiture of Testamentary privileges; no curse appears to have been bitterer than that which imprecated on an enemy that he might die without a Will. The feeling has no counterpart, or none that is easily recognisable, in the forms of opinion which exist at the present day. All men at all times will doubtless prefer chalking out the destination of their substance to having that office performed for them by the law; but the Roman passion for Testacy is distinguished from the mere desire to indulge caprice by its intensity; and it has of course nothing whatever in common with that pride of family, exclusively the creation of feudalism, which accumulates one description of property in the hands of a single representative. It is probable,
This party further maintained that no acts of Parliament, passed after the founding of the colonies, were binding upon them, unless such acts were specially extended to the colonies. Here again was the old contention that had appeared in the earlier controversy over the Connecticut Intestacy Act.
Now, supposing that the document which Pratt boasts of holding is the will, one fact is very certain the property, real or personal, is not disposed of in the way in which it became disposed of because of John Mallathorpe's intestacy. He probably disposed of it in quite another fashion. Why do I think that?
Philip's face grew black as night, and he shot a quick glance of suspicion at his daughter. "I was saying," he went on, without answering her question, "that George may sell the land or settle it, but must not leave it to me or you, nor can I take under an intestacy."
If, however, the latter makes a will, the son cannot obtain any part of the inheritance either by the civil or by the praetorian law, that is to say, either by impeaching the will as unduteous or by applying for possession against the will; for, being related by no tie of blood, the adoptive father is not bound either to institute him heir or to disinherit him, even though he has been adopted, in accordance with the SC. Afinianum, from among three brothers; for, even under these circumstances, he is not entitled to a fourth of what he might have taken on intestacy, nor has he any action for its recovery.
The grantee en roture was governed by the same rules as the one en censive except with respect to the descent of lands in cases of intestacy. All land grants to the censitaires or as they preferred to call themselves in Canada, habitants were invariably shaped like a parallelogram, with a narrow frontage on the river varying from two to three arpents, and with a depth from four to eight arpents.
We, however, who have been careful to pass over nothing, but correct all defects by our constitutions, have retained, as necessary, the possession of goods called contra tabulas and secundum tabulas, and also the kinds of possession upon intestacy known as unde liberis and unde legitimi.
For by her predeceasing her daughter the latter would have come into possession of the property, and, even had she only survived her mother by five minutes, her property would, in case there were no will, and a will was a practical impossibility in such a case, have been treated at her decease as under intestacy.
They are called family heirs, because they are heirs of the house, and even in the lifetime of the parent are to a certain extent deemed owners of the inheritance: wherefore in intestacy the first right of succession belongs to the children.
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