11
It would be a good thing, gentlemen, that any claimant to an inheritance under a will, if he fails, should not be fined at the usual rateOne-tenth of the estimated value of the estate claimed. but be made to pay into the treasury the full amount of the fortune which he set out to obtain; thus the laws would not be despised nor would the relatives be insulted, and above all, no fictions would be invented against the dead. But, since full liberty is given to anyone according to his fancy to claim anyone else's estate, it behoves you to sift their claims with every possible care and to omit no possible precaution.
12
It seems to me that in suits concerning inheritances, and in these alone, more credit ought to be given to circumstantial proof than to the statements of witnesses. When other legal instruments are the subject of litigation, it is not very difficult to convict those who give false evidence, for they give their evidence to the prejudice of the supposed party to the deed alive and present; but when a will is in question, how can one recognize those who are not telling the truth, unless the divergences in the evidence are great, since the party against whom they bear witness is dead, the relatives know nothing of the facts, and the method of refuting the evidence is by no means clear?
13
Further, gentlemen, most of those who make wills do not even mention to those who are present the purport of their will, but only invite them to attest the fact that they have made a will, and it is within the range of possibility that a will has been substituted or alterations made in a sense directly opposed to the wishes of the deceased; for the witnesses will have no more knowledge than anyone else whether the will produced is that which they were summoned to attest.
14
Since, then, it is possible to deceive those who were admittedly present when the will was made, how much more easily might an attempt be made to impose upon you who know nothing of the matter?
