The Visigothic code

by Unknown

FLAVIUS RECESVINTUS, KING.

XI. How Wills shall be Drawn Up and Proved.

The last will of a dying person, whether it be signed by his hand and those of witnesses, or confirmed by the seals and signatures of all parties; or even if the testator could not write, or attach his seal, and some one else be requested by him to affix his signature, or seal, instead of his own, along with those of lawful witnesses; or if the wishes of said testator should only be expressed verbally, in the presence of others; where any one of the methods above stated is adopted, the will shall be valid in law. But care must especially be taken that those wills which are executed according to the first and second regulations, that is, such as are signed by the testator and witnesses, or confirmed by the seals of either of these parties, shall be published in the presence of an ecclesiastic within six months, as has been provided for in another law. And if it should happen that the maker of the will, who should have signed it, attaches his seal, the witness who has signed the will, must establish the fact by oath, and explain why the testator attached his seal. But those wills that are executed under the third provision hereinbefore stated, that is, where a competent witness subscribed it at the request of the testator, shall be considered valid if published within six months. And he who signed the will instead of the testator, and the witnesses who had been requested by the latter to be present, shall make oath concerning these facts, before the judge, and shall swear that there was no fraud in the execution of the will signed by them, but that it was drawn up according to the wishes of the testator himself, and that they appeared at his request, and thus the act of the agent of the testator who subscribed the will in his stead shall be proved and confirmed. But a will made verbally, in the presence of witnesses, which the testator, being in extremity, was not able to put in writing, shall be fully proved if the witnesses who heard it, and appeared at the request of the testator, should confirm by oath, in the presence of the judge, within the space of six months, what the testator had declared; and this oath must be signed by the judge as well as by the witnesses. And when the affair shall have been fully settled, the witnesses shall receive for their trouble the thirtieth part of the property of the defunct; but only in money, conveyances, and books, which otherwise would belong to the heirs. The witnesses must, within six months, serve notice upon those who are interested in the settlement of the estate, of the disposition of the same made by the testator.

If any of the witnesses should neglect to carry out the provisions of this law within the appointed time, they shall be liable to the penalty of forgery; excepting, however, they should be able to prove that they had been prevented from performing their duty within the six months aforesaid, either through the fraud or deception of others, or by the royal order; under which circumstances no blame shall be attached to them.

FLAVIUS CHINTASVINTUS, KING.

XII. How the Wills of those who Die during a Journey shall be Proved.

If any one should die while on a journey, or on a public expedition, if there should be no freeman with him, he may write his will with his own hand. But if he does not know how to write, or if, from weakness, is unable to do so, he may communicate his wishes to his slaves, whose good faith must subsequently be established by the bishop and the judge. And if the said slaves, at no time previously, have been guilty of fraud, their statements shall be received and reduced to writing, sworn to, and attached by the signatures of the bishop and the judge; and afterwards, if confirmed by the royal authority, they shall be valid.

FLAVIUS CHINTASVINTUS, KING.

XIII. A Will must be Published in the Presence of a Priest, or of Witnesses, within Six Months.

A written will must be published within six months, either in the presence of a priest, or of witnesses. And if any one should suppress a will through fraud, he shall be compelled to pay as much out of his own property to the beneficiaries of said will, as they are entitled to according to its provisions.