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Updated: May 14, 2025
By acting as heir is mean, for instance, using things belonging to the inheritance as one's own, or selling them, or cultivating or giving leases of the deceased's estates, provided only one expresses in any way whatsoever, by deed or word, one's intention to accept the inheritance, so long as one knows that the person with whose property one is thus dealing has died testate or intestate, and that one is that person's heir.
Let us begin with inheritances, whose mode of devolution is twofold, according as a person dies testate or intestate; and of these two modes we will first treat of acquisition by will. The first point which here calls for exposition is the mode in which wills are made. The term testament is derived from two words which mean a signifying of intention.
For, and in consideration of the said ten thousand dollars I hereby waive all claims to any further participation in the said estate, and agree that I will not, whether the said Solon Beatty dies testate or intestate, make any claim against the said estate, nor upon Mary Beatty, who, by this advance to me, becomes sole heir to the said estate." Bob drew a long breath.
Apart from the institution of slavery, which is sanctioned by the Muhammadan religion, the religious customs and laws of the various tribes "especially with respect to the holding, possession, transfer and disposition of lands and goods, and testate or intestate succession thereto, and marriage, divorce and legitimacy, and the rights of property and personal rights" are carefully regarded by the Company's Government, as in duty bound, according to the terms of Articles 8 and 9 of the Royal Charter.
If women were to be disinherited, it was sufficient to mention them in an aggregate; but males must be mentioned specifically. I shall not concern myself particularly with testate succession, because here obviously the will of the testator could dispose as he wished, except in so far as he was limited by the Falcidian Law.
At a still later period the lex Papia Poppaea augmented the rights of patrons who had more wealthy freedmen. By this it was enacted that, whenever a freedman left property amounting in value to a hundred thousand sesterces and upwards, and not so many as three children, the patron, whether he died testate or intestate, should be entitled to a portion equal to that of a single child.
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