Theses de testamentis

XIV.
Whence this question arises: Whether a nuncupative oral will is valid, in which the heir is instituted who is named in a schedule left with Titius? And I affirm that it is valid.

XV.
But both types of will must be completed not only in one act and context, but the witnesses employed must also be present not against their will, but invited, up to the end.

XVI.
It must also be observed that certain persons do not have the right to bear witness in a will: such as women, the impubescent, slaves, the mute and deaf, madmen, prodigals, a son in his father's will and vice versa, likewise those who cannot be instituted as heirs, and those who are otherwise prohibited by law from being witnesses in court.

XVII.
An heir, also, because his business is being conducted, is not doubted to be repelled from testifying: not so a legatee.

XVIII.
What shall be said about notaries? Since some believe they fill the place of one witness, while others deny that this can happen without the invalidation of the will: which view I approve.

XIX.
Although the number of seven witnesses is regularly required in a will by Civil Law, by Canon Law, however, the will of a parishioner, made before his priest in the presence of two or three suitable persons, is valid.

XX.
Hence it is that Alciatus and others think that by the constitution of the Canons, the solemn number of witnesses has been everywhere abolished.