We have corrected this, making illegal what they endeavored to prevent by persuasion. For, in imitation of the old law respecting the familiae emptor, we refuse to permit the heir, who now represents the ancient familiae emptor, or any of those connected with the heir by the tie of patria potestas, to be, so to speak, witness in their own behalf; and accordingly we have not suffered the constitutiones of preceding emperors on the subject to be inserted in our code.
11. But we do not refuse the testimony of legatees, or persons taking fideicommissa, or of persons connected with them, because they do not succeed to the rights of the deceased. On the contrary, by one of our constitutiones we have specially granted them this privilege; and we give it still more readily to persons in their power, and to those in whose power they are.
12. It is immaterial whether a testament be written upon a tablet, upon paper, parchment, or any other substance.
13. Any person may execute any number of duplicates of the same testament, each, however, being made with prescribed forms. This may be sometimes necessary; as, for instance, when a man who is going on a voyage is desirous to carry with him, and also to leave at home, a memorial of his last wishes; or for any other of the numberless reasons that may arise from the various necessities of mankind.
14. Thus much may suffice concerning written testaments. But if any one wishes to make a testament, valid by the civil law, without writing, he may do so, in the presence of seven witnesses, verbally declaring his wishes, and this will be a testament perfectly valid according to the civil law, and confirmed by imperial constitutiones.
Book III Intestate Succession.
A person dies intestate, who either has made no testament at all, or has made one not legally valid; or if the testament he has made is revoked, or made useless; or if no one becomes heir under it.
1. The inheritances of intestates, by the law of the Twelve Tables, belong in the first place to the sui heredes.
2. And, as we have observed before, those as sui heredes who, at the death of the deceased, were under his power; as a son or a daughter, a grandson or a granddaughter by a son, a great-grandson or great-granddaughter by a grandson of a son; nor does it make any difference whether these children are natural or adopted.
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