XVII. No Testator shall be Permitted to Dispose of Property in One Way in the Presence of Witnesses, and in Another by a Written Will.

The evidence, either oral or written, by means of which the proof of a bequest from one person to another is established, and which should be true and manifest, is often rendered doubtful; so that the intentions of the testator, concerning the gifts and other matters set forth in his will, can with difficulty be determined; for the reason that while he has made certain statements in his will, he has made others, of a directly contrary character, secretly, in the presence of witnesses.

Thus, by reason of this duplicity, it is evident that there are practically two wills; for clearness and honesty are excluded, where one thing is published openly, and another secretly stated in the presence of witnesses.

And, where any one who has executed a document conveying property of any kind to another, by gift or sale, shall be found to have made a different disposition of said property before a witness, than he did in writing; he shall pay the penalty prescribed in the document to him upon whom this deceit has been practised; and, in addition to this, he shall never be permitted to recover what he has surrendered.

Nor shall any witness be allowed to testify concerning anything which is not contained in a will; so that, hereafter, all temptations for dispute having been removed, whatever is found to be the manifest and lawful tenor of such documents may not be brought into dispute, through the machinations of a corrupt witness.

This law shall have equal force with those already promulgated.

If he who offers a will is of such rank and power that the said will appears to have been rather exacted by, than offered to him, and this fact can be proved, then the will shall be declared invalid; and the property disposed of by it shall be distributed among the heirs according to law.[15]

BOOK III.
CONCERNING MARRIAGE.

TITLE I. CONCERNING NUPTIAL CONTRACTS.

I.Marriage shall not be Entered Into without a Dowry.
II.It shall be as Lawful for a Roman Woman to Marry a Goth, as for a Gothic Woman to Marry a Roman.
III.Where a Girl Marries against the Will of her Father, while she is Betrothed to Another.
IV.When a Gift is made by way of Pledge, a Nuptial Contract cannot be Rescinded.
V.Women Advanced in Years shall not Marry Young Men.
VI.What Property the Dowry shall consist of.
VII.The Father shall Exact, and Keep, the Dowry of his Daughter.
VIII.In case of the Death of the Father, the Disposition of the Children, of both Sexes, in Marriage, shall belong to the Mother.
IX.Where Brothers Defer the Marriage of their Sister, or Where a Girl Marries Beneath her Station.
X.Where the Items of a Dowry, relating to any kind of Property, are reduced to Writing, it shall not be Contested.