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Updated: June 22, 2025


As testamentary heir of William III., John-William assumed the title of Prince of Orange: he died in 1711, without having exercised the power of the stadtholderate, except in the province of Frizeland.

The death of Prince Juan in October 1497 once more distracted the attention of the Court from all but personal matters; and Columbus employed the time of waiting in drafting a testamentary document in which he was permitted to create an entail on his title and estates in favour of his two sons and their heirs for ever.

These last ameliorations depend, however, on mere legal dexterity, and we see accordingly that the Testamentary Law of the day of Gaius or Ulpian is only transitional.

There are some who say, 'Birth comes from nothingness, and without any plan of ours we perish. Thus one is born a fortunate child, removed from poverty, of noble family, or learned in testamentary lore of Rishis, or called to offer mighty sacrifices to the gods, born in either state, untouched by poverty, then their famous name becomes to them 'escape, their virtues handed down by name to us; yet if these attained their happiness, without contrivance of their own, how vain and fruitless is the toil of those who seek 'escape. And you, desirous of deliverance, purpose to practise some high expedient, whilst your royal father frets and sighs; for a short while you have essayed the road, and leaving home have wandered through the wilds, to return then would not now be wrong; of old, King Ambarisha for a long while dwelt in the grievous forest, leaving his retinue and all his kinsfolk, but afterwards returned and took the royal office; and so Râma, son of the king of the country, leaving his country occupied the mountains, but hearing he was acting contrary to usage, returned and governed righteously.

On occasion of the Sullan proscriptions a forgery in the lists had been proved against him, for which reason Sulla made no more use of him thenceforward in the affairs of state: he did not refuse to accept an inheritance, because the testamentary document which contained his name was notoriously forged; he made no objection, when his bailiffs by force or by fraud dislodged the petty holders from lands which adjoined his own.

But these unfavourable influences have had comparatively little effect on the province of Testamentary Law. The barbarians were confessedly strangers to any such conception as that of a Will.

It was impossible to know what, were the testamentary dispositions; Father Antonio, who had learned many things in the confessional, could tell us nothing, but, when the matter was mentioned, only rolled his eyes up to heaven in an alarming manner. It was startling to think of all the unholy forces awakened by the temptation of Seraphina's helplessness and her immense fortune.

Thus his testamentary law has broken up big estates and encouraged contented peasants in places where his name is cursed, in places where his name is almost unknown. In his lifetime, of course, it was natural that the annihilating splendour of his military strokes should rivet the eye like flashes of lightning; but his rain fell more silently, and its refreshment remained.

Something of this prevailed originally in most nations, and a reminiscence of it still exists in the village system among the Slavonic tribes of Russia and Poland; and nearly all jurists maintain that the testamentary right by which a man disposes of his goods after his natural death, as well as that by which a child inherits from the parent, is a municipal, not a natural right.

Up to that moment he, like many other persons, had been absolutely ignorant that a man's marriage is, legally as well as socially, considered to be the most important event in his life; that it destroys the validity of any will which he may have made as a single man; and that it renders absolutely necessary the entire re-assertion of his testamentary intentions in the character of a husband.

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