2.1.139 to 2.1.143

(115) In order that a will may be valid under the Civil Law, it is not sufficient that the rule which we have laid down above with reference to the sale of an estate, the qualification of witnesses, and the declaration of the testator should be observed. (116) But, above all things, it should be ascertained whether the appointment of the heir was made in regular form; for, where the appointment was made otherwise, it makes no difference whether the estate of the testator was sold, the witnesses assembled, and the declaration published in a proper manner, as we stated above. (117) The regular appointment of an heir is as follows: "Let Titius be my heir." The following form at present seems to be approved, namely: "I order that Titius be my heir." This one, however, "I desire Titius to be my heir" is not recognized as correct; and the following expressions, "I appoint Titius my heir," and "I make Titius my heir," are not admitted as valid by the greater number of authorities. (118) Moreover, it should be observed that if a woman, who is under guardianship, makes a will, she must do so with the consent of her guardian; otherwise her will is void by the Civil Law. (119) The prætor, however, promises the heirs mentioned in the will to place them in possession of the estate in accordance with the provisions of the same, if the will is attested by the seals of seven witnesses, and if there is no one to whom the estate will belong as heir-at-law under the rule of intestacy; as, for example, a brother by the same father, or a paternal uncle, or the son of a brother, the heirs mentioned, in the will can retain the estate; "for the same rule of law applies as in the case where a will is not valid for some other reason, for instance because the estate was not sold, or the testator did not utter the words required for the declaration.