2.1.214 to 2.1.217

(181) However, in order that the minor may not be subjected to the risk of treachery after the death of his parent, it is the usual practice to make the substitution publicly, that is to say, in the same part of the will in which we appoint the minor our heir; for as ordinary substitution only calls a substitute to the succession if the minor should not become the heir, which takes place where he dies while his parent is still living; in which instance we cannot suspect the substitute of being guilty of foul play, as during the lifetime of the testator everything which is contained in the will is unknown. A substitution like the one above mentioned by which, even if the minor should become an heir but should die before attaining the age of puberty, we call the substitute to the succession, is one which we. write separately on tablets subsequently executed, and seal up by our own cord and wax after having provided in the first tablets that those written afterwards shall not be opened before he reaches the age of puberty. It is much safer, however, for both kinds of substitution to be sealed up in different tablets subsequently executed, for if this should be done, or separate substitutions be made, as we have stated, it can be understood from the first that the same substitution is made in the second. (182) Not only where children under the age of puberty are appointed heirs, can we make a substitution for them, so that, if they should die before attaining puberty, the person whom we designated shall be our heir, but this will even be the case if they are disinherited; therefore, in this instance, if anything should be acquired by the minor from the estates of relatives either by inheritance, legacies, or donations, it will all belong to the substitute.