Modestinus, Opinions, Book VIII. No principle of law or indulgent construction of equity permits matters which have been introduced for the welfare of mankind to be interpreted so rigorously as to be productive of hardship to them.

The Same, Opinions, Book VIII. A certain Lucius Titius having failed to have the testament of a relative set aside as forged; I ask whether he would not be able to file a complaint against the testament as being improperly executed, and not sealed? The answer was that he would not be prevented from instituting proceedings to show that the testament was not executed according to law, just because he did not succeed in having it set aside as forged.

Modestinus, Opinions, Book VIII. A testator who wished to disinherit his daughter inserted the following clause into his will: “As for you, my daughter, I have disinherited you because I desired that you should be content with your dowry.” I ask whether she was legally disinherited. Modestinus answered that there was nothing in the case stated which would prevent her from being disinherited by the will of the testator.

Modestinus, Opinions, Book VIII. A certain man appointed an heir by his will under the condition: “If he throws my remains into the sea”. As the heir did not comply with the condition, the question arose whether he should be excluded from the succession to the estate. Modestinus answered: “The heir should rather be praised than censured, who did not throw the remains of the testator into the sea, in accordance with the will of the latter, but gave them up to burial in memory of the duty due to humanity”. It must first be considered whether a man who imposes a condition of this kind is of sound mind, and, therefore, if this suspicion is not removed by convincing evidence, the heir-at-law cannot in any way dispute the right to the estate with the heir who was appointed. 1A testator, by a codicil, imposed a condition upon his heir whom he had appointed absolutely by his will, I ask whether it is necessary for him to comply with it. Modestinus answers: “An estate can neither be granted, nor taken away by a codicil”. The testator, however, is understood, in this instance, to have had in his mind the exclusion of the heir from the succession in case of his failure to comply with the condition.