Testament
object · 2 works · 2 mentions · 3 anchored passages
also in the atlas: Testament the idea
Will · Wills · testament · testamentum · will
in the texts
Institutes of Roman Law
The testator's will, whose validity depends on the valid institution of an heir under strict law.
alioquin inutile est testamentum in quo nemo recto iure heres instituitur.
The rules requiring that bequests should follow the institution of the heir, and should be limited to take effect in the lifetime of the heir, and prohibiting penal bequests, were abolished by Justinian, as may be seen by comparing the corresponding passages in his Institutes.
Ancient Law
The legal instrument of testamentary disposition, whose ancient Roman and later feudal/modern functions are contrasted.
on the death of a citizen, having no will or no valid will, his Unemancipated children became his Heirs.
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.
I regard, therefore, the Roman horror of Intestacy as a monument of a very early conflict between ancient law and slowly changing ancient sentiment on the subject of the Family.