good reason thought that no difference was to be put between deceit
and necessity, flattery and compulsion, since both are equally
powerful to persuade a man from reason.

Wills were usually signed before several witnesses, who put seals to
them for confirmation, then placed them in the hands of trustees, who
were obliged to see them performed. At Athens, some of the magistrates
were very often present at the making of wills. Sometimes the
_archons_ were also present. Sometimes the testator declared his will
before sufficient witnesses, without committing it to writing. Thus
Callias, fearing to be cut off by a wicked conspiracy, is said to have
made an open declaration of his will before the popular assembly at
Athens. There were several copies of wills in Diogenes Laertius, as
those of Aristotle, Lycon, and Theophrastus; whence it appears they
had a common form, beginning with a wish for life and health.

The most ancient testaments among the Romans were made _vivâ voce_,
the testator declaring his will in the presence of seven witnesses;
these they called _nuncupative_ testaments; but the danger of trusting
the will of the dead to the memory of the living soon abolished these;
and all testaments were ordered to be in writing.

The Romans were wont to set aside testaments, as being _inofficiosa_,
deficient in natural duty, if they disinherited or totally passed by
(without assigning a true and sufficient reason) any of the children
of the testator. But if the child had any legacy, though ever so
small, it was a proof that the testator had not lost his memory nor
his reason, which otherwise the law presumed. Hence probably (says
Blackstone) has arisen that groundless, vulgar error of the necessity
of leaving the heir a shilling, or some other express legacy, in order