The Interpretation of the Will by the Judge: The Theory of Conjectures in the Service of the Family Institution

To be able to interpret the will of a deceased, the medieval Romanists forged the theory of conjectures, per which the slightest clue was used to favour the lineage. Their successors in the 16th and 17th centuries broadened the theory further, with the intention of supporting the noble families. In the 18th century, the development went in the other direction. In their wish to protect the family lineage and its heritage, the jurists went too far and the issue of interpretation became obfuscated. In reaction, their attitude was denounced in favour of the express wishes contained in the will, and a battle was waged against conjectures.