A law was promulgated by Constantine, of Divine memory, with reference to the confidence which should be reposed in conjectures; but as the nature of cases frequently varies, this law has need of amendment. It provides that the wishes of dying persons shall be strictly complied with by their offspring; but it permits the latter to interpret these wishes by directing that if the assertions made by the deceased are not clear, but can be explained by certain indications, conjectures, or writings, they shall be equally applicable to children who are independent, or emancipated. Theodosius made the same rule operative not only where fathers, but also where mothers and other ascendants of either sex were concerned; and men took advantage of this to such an extent that they inferred, rather than interpreted, the intentions of moribund persons. Thus, although testators may not have written the names of their heirs, and may not have made any statements as to the disposition of their property, or estimated the amount of it, their heirs, nevertheless, thought that they were authorized to ascertain their wishes by means of inferences and probabilities.

  Hence, desiring everything to be clear and well defined (for what is so appropriate to the laws as perspicuity, especially where the testamentary dispositions of deceased persons are involved?), We hereby direct that if anyone who knows how to write should wish to divide his estate among his children, he must first put down the date with his signature; next he must inscribe the names of his children with his own hand; and then he must indicate the shares for which he appoints them heirs by completely writing them out, and not by merely expressing them in numerals, in order that said shares may be exactly known and free from all doubt. When he desires to make such distribution of all his property by either a general or special assignment of certain specified articles, he must reduce this to writing, so that everything having been duly enumerated, there may be no ground for the children to institute a contest. Where he wishes to leave legacies, trusts, or grants of freedom to his wife or to strangers, he shall write his dispositions to that effect with his own hand; and, finally, testators must declare in the presence of witnesses that they desire what they have stated in their wills to take effect, and be executed without any dispute, or the pretext being advanced that this is merely written on the paper, and that the other formalities required in wills have not been complied with. We make this single alteration in order that the hand and the tongue of the testator may have all the virtue attributable to the execution of a formal instrument.

  If a testator should continue to have this intention until death, no one shall afterwards be able to introduce witnesses to prove that he wished to alter his will, or do anything of this kind; as he was permitted to revoke it and draw up another containing the perfect expression of his wishes, and which alone would be carried into effect. For We grant him the power to expressly state in the presence of seven witnesses that he does not desire that the former will which he has made should remain valid any longer, but that he intends to make a new one; and he can then do this by executing a faultless testament with all the necessary formalities, or by the mere verbal expression of his wishes, and at his death his former will shall be regarded as void, and the second one as perfect.

  As We have ascertained that certain persons distribute their estates among their children, and induce the latter to agree to this by their signatures, We adopt this rule. Therefore, where anyone divides his property, and, calling his children together, causes them to consent to the apportionment which he has made, by attaching their signatures to a written instrument, this shall be considered valid, and will be advantageous to the children. A division of this kind must be confirmed in conformity with the constitution which We have promulgated on this subject, and which We ratify by the present law in all cases to which it is applicable. Where the father, alone, signed the instrument making the distribution, and which he has rendered clear by his signature, it also shall be valid; for the reason that this method has already been included in Our legislation. Hence it is evident that this law will be applicable to all cases which may hereafter arise.

  Your Highness, having been informed of the provisions which it has pleased Us to enact by this Imperial Law, will cause them to be generally published, in order that no one may be ignorant of what We have prescribed for the welfare of Our subjects.