§ III. On Testamentary Dispositions

Testamentary dispositions are codicil, legacy, and substitution, concerning which it will suffice to note the following.

I. A codicil, or little codex, is called a disposition of last will by which something concerning a testament is explained, or is changed by adding or taking away. For the validity of a codicil, whether written or nuncupative, from Roman law five witnesses are required and suffice, even if not asked, and even if they are women. But among us a codicil must enjoy the same solemnities and the same number of witnesses as a testament. Cf. Kenrick, n. 27. - Kent, Comment. vol. 4, n. 531. - Devereux, lect. 68, n. 45.

II. A legacy is a disposition of last will by which the deceased directly leaves to someone some gift taken from the inheritance and to be furnished by the heir. A legacy can be: 1st, pure or absolute, or conditioned; 2nd, universal or particular, namely by universal title, for example, I leave all movables, or by particular title, for example, I leave such a sum. - Cf. Kenrick, loc. cit. n. 27. - Bouvier, Law Dictionary, under the word Legacy.

III. Although substitution sometimes obtains the name of fideicommissum, nevertheless it extends more broadly, since taken generally it is defined as: a disposition by which someone is called to an inheritance or legacy in the default of another. - There is a twofold substitution: one direct, by which someone directly and in his own name, in place of another, is called to the inheritance, if indeed that person cannot or does not wish to receive the thing; and another fideicommissary, or simply fideicommissum, by which an heir instituted by testament or coming from intestacy is burdened and obliged by the deceased to restore or hand over the whole inheritance or part of it to another. - Cf. Schmalzgrueber, lib. 3, tit. 26, n. 126. - Kenrick, n. 28. - Kent, Comment. vol. 4, part 6, lect. 54, n. 15, (c) 20 and 290.