ssible to discover the true intentions of the deceased.'
2 A soldier too may make a will though dumb and deaf.
3 This privilege, however, which we have said soldiers enjoy, is allowed
them by imperial constitutions only while they are engaged on actual
service, and in camp life. Consequently, if veterans wish to make a will
after their discharge, or if soldiers actually serving wish to do this
away from camp, they must observe the forms prescribed for all
citizens by the general law; and a testament executed in camp without
formalities, that is to say, not according to the form prescribed by
law, will remain valid only for one year after the testator's discharge.
Supposing then that the testator died within a year, but that a
condition, subject to which the heir was instituted, was not fulfilled
within the year, would it be feigned that the testator was a soldier at
the date of his decease, and the testament consequently upheld? and this
question we answer in the affirmative.
4 If a man, before going on actual service, makes an invalid will,
and then during a campaign opens it, and adds some new disposition, or
cancels one already made, or in some other way makes it clear that he
wishes it to be his testament, it must be pronounced valid, as being, in
fact, a new will made by the man as a soldier.
5 Finally, if a soldier is adrogated, or, being a son in power, is
emancipated, his previously executed will remains good by the fiction
of a new expression of his wishes as a soldier, and is not deemed to be
avoided by his loss of status.
6 It is, however, to be observed that earlier statutes and imperial
constitutions allowed to children in power in certain cases a civil
peculium after the analogy of the military peculium, which for that
reason was called quasimilitary, and of which some of them were
permitted to dispose by will even while under power. By an extension
of this principle our constitution has allowed all persons who have a
peculium of this special kind to dispose of it by will, though subject
to the ordinary forms of law. By a perusal of this constitution the
whole law relating to this privilege may be ascertained.
TITLE XII. OF PERSONS INCAPABLE OF MAKING WILLS
Certain persons are incapable of making a lawful will. For instance,
those in the power of others are so absolutely incapable that they
cannot make a testament even with the permission of their parents, with
the exception of those wh
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