RS 33

marie bláhová death, his sons contested their father’s last will; this issue, more precisely a part of the last will containing a bequest to the Velehrad Monastery, was brought to court. Nevertheless, the abbot of Velehrad substantiated the last will’s validity, and Hartleb’s sons then acknowledged their defeat through a document that describes the last will in detail.40 Another member of an important wealthy noble family, OldřichIIof Jindřichův Hradec († 1312), wrote his last will41 on 25 July 1294, when he was still at full strength;42 apparently it was his second testament because it shows striking differences from the last will previously mentioned. Oldřich compiled a detailed list of his immovables in Bohemia and Moravia. He primarily tried to benefit his wife, any children yet to be born, and his mother. In the case that he had no male offspring, he bequeathed a large portion of his estates to Wenceslas II, King of Bohemia (r. 1278/ 1283–1305). But the last will lacks any bequests to religious institutions. Concurrently, Oldřich cancelled his earlier provisions, based on which his property was to pass to his relative Henry of Rosenberg if he should die without heirs.43 Apparently, the relationship between the two relatives had changed. Oldřich’s testament, however, occupies an important place in the development of last wills in the Czech lands, as it demonstrates the possibility of revoking a testament by issuing a new one, which was one of the main features of testaments issued under Roman law. As emerges from the surviving sources, the last will was customary among the nobility at the end of the Přemyslid era. The nobility produced their own testaments, and followed the rules for making (and writing) the last will, including: a declaration about (bad) health conditions, the good mental capacity of the testator to deal with his estates (sanementis), usually too the consent of possible heirs, and the presence of the proper number of trustworthy witnesses. In the event that the testator had no heir and his property fell to the royal estate, the will was, with one ex311 40 Boček – Chytil 1850, no. 19, pp. 20–22. Cf. Štachová 2011, p. 41; Štachová 2012, p. 252. 41 Boček – Chytil 1850, no. 11, pp. 9–12. Cf. Štachová 2011, pp. 42–43; Štachová 2012, pp. 252–253. 42 ... non vi nec dolo inductus aut metu coactus, sedbona, libera et gratuita voluntate mea dono et confero ... Boček – Chytil 1850, no. 11, p. 9. 43 Boček – Chytil 1850, no. 11, p. 12. Cf. Boháček 1975, p. 102; Štachová 2012, p. 253.

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