THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ LXIX ~ |
BLIND
MEN CAN MAKE WILLS SECRETLY. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
A
doubt occasionally arises as to how blind men can execute wills, and
this doubt has given origin to laws which contain provisions which conflict
with one another, as well as with the custom at present observed; and
I have considered it neither inopportune nor inconsistent with My purpose
to explain and settle this question. There is a law which prohibits
a blind man from making a will in secret, and provides that such a will
shall not be valid, any more than where witnesses allege that they heard
the testator mention orally the dispositions which it contains, when
the instrument alone does not, of itself, confirm their testimony. On
the other hand, another law permits women and illiterate persons to
make secret wills, and does not require of the latter any other formalities
than that where the testator is unable to write, his signature must
be proved, and if he cannot write at all, someone else can sign his
name for him. These two laws are
evidently conflicting, for if women and illiterate persons who hardly
know what they want can make secret wills, why should not a blind man
be permitted to do so? And, indeed, custom as well as law is contradictory
in this instance, for custom has established that the wills of women,
persons ignorant of letters, and the blind, when executed in secret,
are destitute of all validity. Since this is the case, We order that
the secret wills of blind men and all other persons shall be absolutely
valid; and We add to this provision that, before the witnesses make
oath, those who have drawn up the will shall attach their signatures
thereto, and shall state that they have written it at the dictation
of the testator; and if it should subsequently be ascertained that they
have committed forgery, if they are wealthy, they shall be deprived
of their property; and if they are poor, they shall be severely scourged,
and sent into exile as a penalty for their crime. We also add that if,
in order to confirm a will, it becomes necessary to have anyone sworn,
as frequently happens, whoever wrote it must agree with those who make
oath as to the genuineness and truth of the instrument. |
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