Some Aspects of the Inequality of Incomes in Modern Communities

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Most Englishmen, who have not studied com- parative law, will think it natural that the ownership of their property after their death should be governed by their Last Will and Testament. Most Frenchmen, in like case, will think it natural that the operation of their will should be subject to the law of the Legitime. But many Indians, far from thinking the disposition of property by will to be natural, will find great difficulty in understanding what the mere idea of a will signifies Digitized b...y Microsoft® NON-FISCAL LAW OF INHERITANCE. 289 and implies. Indeed, Maine has pointed out that to the vast majority of mankind throughout recorded history the idea would be quite incomprehensible.^ A will, being an individual disposition of property, is not possible when private property is held only by families and not by individuals. Wills, therefore, in the strict sense, are nowhere found in primitive societies, and only appear as genuinely individiial property emerges.* In their origin wills were connected with superstitious beliefs and religious ceremonies, traces of which may still be found in some modem systems of law.* The influence on modem systems of the old '■ Ancient Law, pp.

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