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Justinian I · The Digest of Justinian §34.9.19.pr

Revocation of Prior Will upon Obstruction by Appointed Heirs

Passage 5324 of 9271 · Latin

Summary

Paulus replies that if the inheritance is taken away from the appointed heirs because they prevented the testator from making a new will, the testator is deemed to have revoked his entire prior testament.

[PAULUS libro sexto decimo responsorum. ] §34.9.19.prRespondit, si scriptis heredibus ideo hereditas ablata est, quod testator aliud testamentum mutata uoluntate facere uoluit et impeditus ab ipsis est, ab uniuerso indicio priore recessisse eum uideri.
He replied that if the inheritance was taken away from the appointed heirs for the reason that the testator, having changed his mind, wished to make another will and was prevented by them, he is deemed to have departed from his entire prior expression of will.

Notes

  1. 34.9.19.prscriptis heredibus — Ablative of separation (or dative of disadvantage) depending on the verb `ablata est`, meaning "from the appointed heirs."
  2. 34.9.19.prab uniuerso indicio priore recessisse eum uideri — An accusative with infinitive construction (indirect speech) governed by the main verb `Respondit`. `uideri` is used personally with the accusative subject `eum` (referring to the testator), meaning "he is deemed to have..." rather than impersonally. In this legal context, `indicio` denotes the "expression of will" or "testamentary disposition."

Cite this passage

Justinian I, The Digest of Justinian §34.9.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.9.19.pr

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