Epistle XVI. To Annianus.
by
the Same. [Mr. Henley]
[_]
On the Invalidity of a Will.
YOU admonish me, with your usual Concern, that the Codicil of
Acilian appointing me in part his Heir, is to be looked upon as not validly written,
since it is not confirm'd by his Will. I am no Stranger to this
Point of Law, for many are acquainted with it, that are otherwise
very Ignorant; but I have prescrib'd a particular Law to my self; and that is,
To guard the Wills of the Deceased, tho' legally Defective,
as if they were Compleat. However, it is plain that this Codicil
was written by the Hand of Acilian. Therefore, tho' it is not ratified by his
Testament, I will observe it, as if it had that Sanction; especially,
since there is no Room for a Plea in Bar to it, or an Informer.
For, if it was to be fear'd that the People should seize what I had given,
I should be oblig'd, perhaps, to be more Deliberate and Wary: But since it is lawful for an
Heir to make a Donation of what remains on
computing his Inheritance, it is no Hindrance to my private Rule, since the publick Laws are not repugnant to it.