2.1.172 to 2.1.176

(145) Wills legally executed may become void in another way, as for instance, when he who executed the will loses his civil rights, and how this may happen was stated in the First Commentary. (146) Moreover, in a case of this kind we say that a will may become inoperative; for although wills which are revoked, and those which in the beginning are not legally executed are alike invalid, and those which have been properly executed become invalid on account of loss of civil rights, they, nevertheless, may be said to be rescinded; still, for the reason that it is more convenient for the different cases to be designated by different names, some of these wills are said not to have been legally executed, and others which have been legally executed are either broken or become void. (147) However, wills which in the beginning were not legally executed, or if they were legally executed afterwards became void, or were revoked, are still not absolutely inoperative; for if they have been sealed with the signets of seven witnesses, the appointed heir can demand possession of the estate in accordance with the provisions of the will, provided the deceased testator was a Roman citizen and his own master at the time of his death; but if the will became inoperative, for example, because the testator lost his citizenship or his freedom, or gave himself in adoption, and he dies under the control of his adoptive father, he cannot demand possession of the estate in accordance with the provisions of the will. (148) Therefore, those who obtain prætorian possession of an estate in accordance with the provisions of a will which was not properly executed in the first place, or which if it was properly executed, was subsequently broken, or became void; provided they can establish their right to the estate can obtain actual possession of the same. If, however, they can be deprived of the estate by some one having a better claim they will be entitled only to nominal possession.