ns in the same family with the
testator.

10 No will, again, can be witnessed by the person instituted heir, or
by any one in his power, or by a father in whose power he is, or by a
brother under the power of the same father: for the execution of a will
is considered at the present day to be purely and entirely a transaction
between the testator and the heir. Through mistaken ideas on this matter
the whole law of testamentary evidence fell into confusion: for the
ancients, though they rejected the evidence of the purchaser of the
family and of persons connected with him by the tie of power, allowed
a will to be witnessed by the heir and persons similarly connected with
him, though it must be admitted that they accompanied this privilege
with urgent cautions against its abuse. We have, however, amended this
rule, and enacted in the form of law what the ancients expressed in the
form only of advice, by assimilating the heir to the old purchaser of
the family, and have rightly forbidden the heir, who now represents that
character, and all other persons connected with him by the tie referred
to, to bear witness in a matter in which, in a sense, they would be
witnesses in their own behalf. Accordingly, we have not allowed earlier
constitutions on this subject to be inserted in our Code.

11 Legatees, and persons who take a benefit under a will by way of
trust, and those connected with them, we have not forbidden to be
witnesses, because they are not universal successors of the deceased:
indeed, by one of our constitutions we have specially granted this
privilege to them, and, a fortiori, to persons in their power, or in
whose power they are.

12 It is immaterial whether the will be written on a tablet, paper,
parchment, or any other substance: and a man may execute any number of
duplicates of his will, for this is sometimes necessary, though in each
of them the usual formalities must be observed. For instance, a person
setting out upon a voyage may wish to take a statement of his last
wishes along with him, and also to leave one at home; and numberless
other circumstances which happen to a man, and over which he has no
control, will make this desirable.

14 So far of written wills. When, however, one wishes to make a will
binding by the civil law, but not in writing, he may summon seven
witnesses, and in their presence orally declare his wishes; this, it
should be observed, being a form of will which has been declared by