The Wills Of Noah And Jacob

The origin of testamenta is lost in obscurity, but doubtless they f ollowed soon after the first institution of private property. Ensebios says that Noah made a will soon after the flood wherein he disposed of the whole world. He was certainly possessed of a considerable landed estáte, but Ensebius' story of the testament in writing and witnessed onder his seal needs confirmation. In the f orty-eighth chapter of Genesis, however, we do find mention of a will, wherein Jacob bequeathed to bis son Joseph twice as much as to his other children. This was not a testament in writing, but a verbal or "nuncnpaöve" testament, declared by the testator "in extremis" before witnesses, and depending upon oral testhnony. Such "ntmcupative" testamenta were at one time recognized in English law, but in the eighteenth centnry Blackstone says they were fallen into disnse,