CUTTING OFF WITH A SHILLING.
According to Blackstone (ii. 32), the Romans were wont to set aside testaments as being inofficiosa, deficient in natural duty, if they disinherited or totally passed by (without assigning a true and sufficient reason) any of the children of the testator. But if the child had any legacy, though ever so small, it was a proof that the testator had not lost his memory or his reason, which otherwise the law presumed; but was then supposed to have acted thus for some substantial cause, and in such case no querula inofficiosi testamenti was allowed. Hence, probably, has arisen that groundless error of the necessity of leaving the heir a shilling, or some such express legacy, in order to disinherit him effectually. Whereas the law of England makes no such constrained suppositions of forgetfulness or insanity; and, therefore, though the heir or next of kin be totally omitted, it admits no querula inofficiosi to set aside such a testament.