point — Gury-Ballerini, Compendium of Moral Theology (8th ed., 1884)
Point IV. On the Revocation of Testaments
- I. A testament, under whatever form it has been made, can always be revoked at the will of the testator, because a testament by its nature is an essentially revocable act; therefore the testator retains dominion of his goods up to death. - Thus from every law.
1 On the title above. Concerning another cause on account of which testaments are weakened, namely the passing over of children, see the Jurisconsults.
II. Revocation of a testament can be made in a twofold way:
- Expressly, or: 1. by destruction of the testament; 2. by an act drawn up before a notary, by which a change of will is expressed; 3. by a new testament contrary to the former. But then the revocation is not judged complete unless the dispositions of the new testament are contrary to all the dispositions of the former.
- Tacitly, by donation, sale, exchange, destruction, or any disposition whatever of the thing bequeathed, by which the change of the testator is manifested 2.
2 Even with Gallic law considered, which the Author follows in this place, these things do not pertain to tacit revocation of a testament, but to the withdrawal of legacies.
The lapse of a testament is referred to revocation of the testament; this is had when testamentary dispositions, although valid from the beginning, nevertheless become infirm because of certain circumstances: e.g. if the legatee dies before the testator, or before the execution of some condition, if the thing bequeathed perishes, etc.