HELP with understanding this Testimento document

Having problems with the Italian language? Do you need help to translate or understand an old family document? There is always someone who can help you!
Post Reply
User avatar
trevisan2
Master
Master
Posts: 635
Joined: 23 Oct 2004, 00:00
Location: Utah, Mareno di Piave (TV)
Contact:

HELP with understanding this Testimento document

Post by trevisan2 »

Greetings;
I have been studing this "testimento" type of document.
I need someone to give me an oponion paragraph by paragraph of what it is talking about.

http://books.google.com/books?id=zQM6AQ ... ni&f=false

It talks about Benedetto Sangiovanni exiled in England, tried to make a Testimento by way of a letter. The letter type, did not conform with English law, but not either with Italian Law, because it was not before a Notaio.

I can read it,But I do not really understand it.
I have the following questions?

What would be the next step in researching the conclusion of this Causa civile?
Where would a person go to research or find the filed tentimento of 1841?

Thanks,
Trevisan2
Researching in the provincia di Treviso, Italy, Provaglio Sopra, Val Sabbia of Brescia.
Domege di Cadore, Cavalo, Fumane, Verona

Forno di Rivara, TO, Canischio, TO
User avatar
arturo.c
Veteran
Veteran
Posts: 231
Joined: 21 Dec 2010, 12:54
Location: Australia

Re: HELP with understanding this Testimento document

Post by arturo.c »

The case outlined in the book, which is a collection of rulings by the Supreme Courts in the Kingdom of Italy in the year 1886, refers to the validity of a last will and testament drafted and signed in the United Kingdom in 1851 by Benedetto Sangiovanni, which was done without the assistance of a notary - as prescribed by the laws in force of the time on his place of origin - and to the validity of a donation he made to his son in 1841 by way of conferring power of attorney to a third party without the assistance of a notary, again as prescribed by the laws in force of the time.

As the ruling was issued by the Supreme Court of Naples (there were five regional Supreme Courts in Italy up until 1923, when the Fascist regime abolished the ones in Torino, Firenze, Napoli and Palermo) it could be assumed that Mr. Sangiovanni was a subject of the former Kingdom of the Two Sicilies, which ceased to exist in 1861 with the unification of Italy.

The court ruled that both the last will and testament and the power of attorney statement were indeed lawful, although the signatory and the beneficiaries were subjects of the King of Italy, because of the fact that both acts were formed in the United Kingdom in conformity of the British common law.

Therefore, upholding the general principle Locus regit actum, both acts were found to be legally enforceable in the Kingdom of Italy.
Post Reply