FREE BOOKS

Author's List




PREV.   NEXT  
|<   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93  
94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   >>   >|  
tament, and write the other substitution, wherein a man is named heir on the succession and death of the pupil, separately on the lower part of the will; and this lower part he should tie with a separate cord and fasten with a separate seal, and direct in the earlier part of the will that it shall not be opened in the lifetime of the son before he attains the age of puberty. Of course a substitution to a son under the age of puberty is none the less valid because it is a integral part of the very will in which the testator has instituted him his heir, though such an open substitution may expose the pupil to the danger of foul play. 4 Not only when we leave our inheritance to children under the age of puberty can we make such a substitution, that if they accept the inheritance, and then die under that age, the substitute is their heir, but we can do it when we disinherit them, so that whatever the pupil acquires by way of inheritance, legacy or gift from his relatives or friends, will pass to the substitute. What has been said of substitution to children below the age of puberty, whether instituted or disinherited, is true also of substitution to afterborn children. 5 In no case, however, may a man make a will for his children unless he makes one also for himself; for the will of the pupil is but a complementary part of the father's own testament; accordingly, if the latter is void, the former will be void also. 6 Substitution may be made either to each child separately, or only to such one of them as shall last die under the age of puberty. The first is the proper plan, if the testator's intention is that none of them shall die intestate: the second, if he wishes that, as among them, the order of succession prescribed by the Twelve Tables shall be strictly preserved. 7 The person substituted in the place of a child under the age of puberty may be either named individually--for instance, Titius--or generally prescribed, as by the words 'whoever shall be my heir'; in which latter case, on the child dying under the age of puberty, those are called to the inheritance by the substitution who have been instituted heirs and have accepted, their shares in the substitution being proportionate to the shares in which they succeeded the father. 8 This kind of substitution may be made to males up to the age of fourteen, and to females up to that of twelve years; when this age is once passed, the substitution becomes void.
PREV.   NEXT  
|<   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93  
94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   >>   >|  



Top keywords:

substitution

 

puberty

 
inheritance
 

children

 

instituted

 

substitute

 

separately

 

prescribed

 

succession

 
separate

father

 
shares
 
testator
 
proper
 
proportionate
 

intestate

 

intention

 

Substitution

 

passed

 

testament


accepted

 

fourteen

 

person

 

females

 

preserved

 

substituted

 

generally

 

Titius

 
instance
 

individually


succeeded

 

called

 

Twelve

 

strictly

 
Tables
 
twelve
 

wishes

 
integral
 
attains
 

danger


expose
 
lifetime
 

tament

 

opened

 

earlier

 

direct

 

fasten

 

disinherited

 

afterborn

 

friends