CODICIL - A supplement or addition
to a will that explains, modifies, or revokes a previous
will provision or that adds an additional provision.
A codicil must be signed and witnessed with the same
formalities as those used in the will's preparation.
An addition or supplement to a will; it must be executed
with the same solemnities. A codicil is a part of
the will, the two instruments making but one will.
There may be several codicils to one will and the
whole will be taken as one: the codicil does not consequently
revoke the will further than it is in opposition to
some of its particular dispositions, unless there
be express words of revocation.
Formerly, the difference between a will and a codicil
consisted in that in the former an executor was named
while in the latter none was appointed. This is the
distinction of the civil law and adopted by the canon
law.
Codicils were chiefly intended to mitigate the strictness
of the ancient Roman law, which required that a will
should be attested by seven Roman citizens, omni exceptione
majores. A legacy could be bequeathed, but the heir
could not be appointed by codicil, though he might
be made heir indirectly by way of fidei commissum.
Codicils owe their origin to the following circumstances.
Lucius Lentulus, dying in Africa, left codicils confirmed
by anticipation in a will of former date and in those
codicils requested the emperor Augustus, by way of
fidei commissum or trust, to do something therein
expressed. The emperor carried this will into effect
and the daughter of Lentulus paid legacies which she
would not otherwise have been legally bound to pay.
Other persons made similar fidei-commissa and then
the emperor, by the advice of learned men whom he
consulted, sanctioned the making of codicils and thus
they became clothed with legal authority.
