inter vivos they cannot be altered at all;[1] by testament, modified by the parties? within limits, they may, provided such an intention is clearly expressed or implied by the will.[2] Of course, if property has been contributed to the marriage by a parent or other third party with an added provision that it is to revert to the giver or go over to another specified person, it cannot be affected by the testamentary dispositions of the spouses.[3] When the question relates to property brought into the marriage by the spouses, and the ante-nuptial contract has provided for mutual succession, or at all events for the succession of one to the other, alteration or revocation by will is permitted, but it must be Only by mutual will. a mutual will of the two spouses. Further, such a will is merely 'ambulatory' in effect, i. e. revocable at any time before death. Therefore, either spouse may by Which however, may in turn be revoked pro tanto by either of the spouses alone. a subsequent will, without the concurrence or even knowledge of the other, revoke so much of the joint will as concerns himself or herself alone and revert to the dispositions contained in the original contract. Indeed, even after the death of the first spouse, the survivor has the same right of repudiating the joint testament, conditionally, however, upon declining all benefit under it.[4] When the spouses have by ante-nuptial contract provided that some third person or persons shall succeed to the several shares on the dissolution of the marriage, both spouses by mutual will or a surviving spouse by his or her separate will may freely depart from this agreement. A joint will is in fact merely two wills of two persons disposing of two estates.[5] But the law is otherwise if the intended successor was a party to the ante-nuptial contract and acquired a contractual right under it.[6] When the future succession to children is the subject of the ante-
- ↑ Neostad. de pact. antenupt., Obs. 4 (in notis); Voet, ubi sup.; V. d. K. Th. 264.
- ↑ Voet, 23. 4. 60 (61); V. d. K. Th. 265.
- ↑ Voet, 23. 4. 61 (62). Secus if it is merely to revert 'to the side whence it came'.
- ↑ Voet, 23. 4. 62 (63).
- ↑ Voet, 23. 4. 63 (64). Infra, pp. 324-5.
- ↑ Voet, 23. 4. 64 (65).
