2.1.169 to 2.1.171

(142) The same rule formerly applied to one for whose benefit proof of error is permitted by the Decree of the Senate, for the reason that he was born of an alien, or of a Latin woman who was married with the understanding that she was a Roman citizen; for, whether he was appointed heir, or disinherited by his father, or whether, during the lifetime of the latter, the error was proved, or this was done after his death; the will was absolutely broken, as by the birth of a posthumous child. (143) Now, however, by a late Decree of the Senate enacted at the instance of the Divine Hadrian, if the error is proved during the lifetime of the father, the will is in every instance broken, as in former times; but where it is proved after the death of the father, if the son was passed over in silence, the will is broken. But if he was mentioned in it as the heir, or disinherited, the will is not broken, in order that carefully executed wills may not be rescinded at a time when they cannot be renewed. (144) A former will is revoked by one subsequently executed; nor does it make any difference whether an heir ever appears or not, for it only is considered whether he might take under it if he did appear. Therefore, if the heir appointed by the last will, which was legally executed, is unwilling to take under the same; or if he should die during the lifetime of the testator, or after the death of the latter, and before he had entered upon the estate; or if he should be excluded for not having accepted the estate within the prescribed time, or on account of the condition under which he was appointed not having been complied with; or by the Lex Julia on account of celibacy; in all these cases the testator dies intestate; for the first will having been revoked by the subsequent one is not valid, and the last will also has no effect, as there is no heir under it.