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Updated: June 22, 2025
But the families of the former kindred were for many centuries the more powerful of the two, and frequently set at nought the testamentary law of their common ancestor, leaving the tribe of Cas but the border-land of Thomond, from which they had sometimes to pay tribute to Cruachan, and at others to Cashel.
Accordingly, even lunatics, deaf persons, afterborn children, infants, children in power, and other persons' slaves are said to have testamentary capacity; for though they cannot make a valid will, they can acquire for themselves or for another under a will made by someone else. 5 External heirs have the privilege of deliberating whether they will accept or disclaim an inheritance.
There is in these two cases of testamentary reparation, to persons unknown on the one hand and to a lady long maltreated on the other, a touch of probity and honorable regret for wrong-doing which arouses for this great king, in his dying hour, more moral esteem than one would otherwise be tempted to feel for him.
The Code Napoleon, of course, limits testamentary disposition in favor of these latter, so in Louisiana, only half of a man's estate can be given away from his children or widow, and not more than three-fourths of his estate can be bequeathed to strangers or to charity, to the prejudice even of collateral heirs.
He encouraged all developments of national industries, knowing that the wealth of the State depended on them. Solon was the first Athenian legislator who granted the power of testamentary bequests when a man had no legitimate children. Sons succeeded to the property of their parents, with the obligation of giving a marriage dowry to their sisters.
Upon his breast was found a pencil note, addressed to one of his English friends. 'My dear Philips, it began, 'I am food for what I am good for worms. A few testamentary wishes followed. Life was too great a bore on one peg, and that a bad one. Buy for Dr. Kelsall discharged his duties as literary executor with exemplary care. The manuscripts were fragmentary and confused.
Tell me, you men, is this a testamentary paper, and you think it against the law to destroy it!" "No, no, not that," said Bigdon. "No, it is wholly optional," declared Gordon. "Then, I will settle the question for you once for all, you wobblers!"
Almost every surrounding family had in some sort or another intrusted them with some family secret or testamentary deposition, and would on this account alone have been averse to quarrelling with them, for fear they might let out the secret.
It was impossible to avoid the feeling which the prophet's winged words had fanned, that here was a sullen, professional suspecter of men overwhelmed by a prouder and purer spirit of natural liberty and health. At last he said, blinking as if in bodily distress: "Well, if that is so, sir, you need do no more than take the testamentary paper you spoke of and go.
Thus a privileged land-tenure was created bookland; the rules as to the succession of kinsmen were set at nought by concession of testamentary power and confirmations of grants and wills; special exemptions from the jurisdiction of the hundreds and special privileges as to levying fines were conferred.
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