§ 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 until death. Thus all laws establish; wherefore in Roman law, L. 4 ff. de adimendis, it is said: "The will of one testating is ambulatory until the last breath of life."

II. Revocation of a testament can occur in many ways: 1st, if it is deliberately destroyed by burning, tearing, or obliteration; 2nd, if a new one is made, which contains either clauses openly revoking the first or dispositions not only diverse, but opposite and incompossible with the first testament; 3rd, if after making the testament the testator takes a wife and is given offspring, yet in such a way that provision had not previously been made for the wife and offspring; 4th, if the goods concerning which there is discussion in the testament are sold or a pact is made that they be sold. - Cf. Kenrick, n. 33. - Kent, Comment. vol. 4, nn. 520 and 532. - Wells, Every Man, etc., p. 93.