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Justinian I · The Digest of Justinian §29.1.7.pr

Intention to Disinherit After-Born Children in Military Wills

Passage 4366 of 9271 · Latin

Summary

It explains that in a military will, if the testator already had the intention to disinherit any child that might be born, the subsequent birth of a child does not revoke the will.

[IDEM libro nono ad Sabinum. ] §29.1.7.prQui iure militari testatur etsi ignorauerit praegnatem uxorem uel non fuit praegnas, hoc tamen animo fuit, ut uellet quisquis sibi nascetur exheredem esse, testamentum non rumpitur.
[THE SAME in his ninth book on Sabinus.] If a person who makes a will according to military law, even if he did not know his wife was pregnant, or if she was not pregnant, was nevertheless of such a mind that he wished whoever should be born to him to be disinherited, the will is not broken.

Notes

  1. 29.1.7.prhoc tamen animo fuit — The noun animo is an ablative of description, which, together with the verb fuit, expresses the subjective intention of the testator ("was of such a mind"). It refers to the subject of the relative clause Qui... testatur (with the demonstrative is omitted). The adverb tamen ("nevertheless") responds to the preceding concessive clauses.
  2. 29.1.7.prtestamentum non rumpitur — The main clause of the entire sentence. Syntactically, if the person (is) denoted by the initial relative clause Qui... testatur meets the condition of hoc animo fuit, then "his" (eius) will is not broken. While under ordinary civil law the subsequent birth of a suus heres would revoke (rumpere) a will, here a special rule for military wills applies, respecting the testator's intention.

Cite this passage

Justinian I, The Digest of Justinian §29.1.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.1.7.pr

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