BONORUM POSSESSIO CONTRA TABULAS

bonorum     possessio           contra   tabulas (b<<schwa>>-nor-<<schwa>>m p<<schwa>>-zes[h]-ee-oh kahn-tr<<schwa>> tab-y<<schwa>>-l<<schwa>>s). [Latin “possession of goods contrary to the terms of the will”] Roman law. An order authorizing the applicant to take possession of an estate contrary to the testament. • Magistrates made such orders in certain cases,

 

as where a testator passed over a daughter or an emancipated son who was not expressly disinherited. The legacies in the will remained valid, but if the testator passed over any male in the testator’s power (patria potestas), the will was invalidated and intestacy resulted. — Also termed contra tabulas.

“The Praetor could not affect the civil validity of a will; he could not make or unmake a heres. He could, however, give bonorum possessio to a person, heres or not at civil law, which gave him power to take possession of the goods by appropriate steps, bonorum possessio contra tabulas….” W.W. Buckland, A Text-Book of Roman Law from Augustus to Justinian 324 (Peter Stein ed., 3d ed. 1963)[Blacks Law 8th]