Theses sequentes de testamentis

the brother, therefore, may be. For a father and sons placed under his power may be employed at the same time for the number of witnesses.

26. A madman experiencing an intermission of his madness may be added as a witness at that time, and his testament, also, which was drawn up before his madness, is valid.

27. A woman, although she may be a witness in other matters, nevertheless cannot be one in a testament.

28. A witness must be present until the end of the testament, not unwillingly, but willingly. However, in this, the understanding not necessarily of the language, but only of the business and the matter which is being transacted, is required.

29. The status of the witnesses is to be regarded not from the time of death, but from the time of the signing of the testament.

30. He who writes the testament may be employed as a witness to the same testament.

31. A slave, also, cannot be employed for the formalities of testaments.

32. If, however, a slave was held to be a free person by the consent of all without controversy at the time of the signing, it does not harm the testament.

33. A slave, even one belonging to another, is not forbidden to write a testament by the order of the testator.

34. That writing which is prepared for making a testament, if the testament is not perfected by any law, does not have the force of a testament unless the testator has subscribed with these words: "I wish this testament to be valid, by whatever means it may be able to."

35. He who, having named the first heirs, fell silent when he was about to name others, his testament is null.