2.1.124 to 2.1.126

(102) Afterwards, a third kind of will was introduced, which was executed by bronze and balance. Where a man who had not made a will at the Comitia Calata or in the face of the enemy was apprehensive of sudden death, he usually transferred his estate by sale to a friend, and requested him to distribute it to whomever he desired to have it after his death. This kind of testamentary disposition is styled a will by bronze and balance, because it is effected by the ceremony of mancipation. (103) The two kinds of wills above mentioned have, however, fallen into disuse; and only the one effected by bronze and balance has been retained, but it is now changed from what it was in ancient times. For formerly the purchaser of the estate, that is to say the party who received it by a sale from the testator, occupied the place of the heir, and for this reason the testator directed him with reference to what he desired to be given to anyone after his death. Now, however, another person is appointed heir under the will who is charged with the distribution of legacies, and differs from the one who, as a matter of form and in imitation of the ancient law, represents the purchaser of the estate. (104) This transaction takes place as follows: The party who executes the will having, as in the case of other sales, called together five Roman citizens of the age of puberty as witnesses, and a balance holder, and having reduced his will to writing, sells his estate as a matter of form to a certain person, and the said purchaser makes use of the following words: "Let your family and money pass into my charge and custody, and, in order that you may make your will properly in accordance with the public law, let them be purchased by me with this bronze" (or as some authorities add) "with this brazen balance." Then he strikes the balance with the piece of bronze, and delivers the latter to the testator as purchase money. Next the testator, holding the will in his hands, says, "I do give and bequeath, and declare that I do so, everything written in these tablets and this wax, and do you, Roman citizens bear witness to my act." This ceremony is called nuncupation, for this term means to declare publicly; and indeed what the testator specially stated in writing in his will is considered to have been declared and confirmed by this general affirmation.