Paulus, Epitomes of the Digest of Alfenus, Book II. But where the trees are larger he cannot cut them down.

Paulus, Epitomes of the Digest of Alfenus, Book II. Light is the power of seeing the sky, and a difference exists between light and view; for a view of lower places may be had, but light cannot be obtained from a place which is lower.

Paulus, Epitomes of the Digest of Alfenus, Book II. A party who had two adjoining tracts of land and sold the upper one. In the agreement it was stated that the purchaser should have the lawful right to discharge water upon the lower tract of land through an open ditch. The question then arose, if the purchaser should receive water from another tract, and wishes to discharge it upon the lower one, can he do so legally, or not? I answered that the lower neighbor was not obliged to receive more water than was necessary for the purpose of draining the land of the purchaser.

Alfenus, Epitomes of the Digest by Paulus, Book II. It is held that a boat is no part of a ship and has no connection with it, for a boat is itself a little vessel; but everything which is attached to a ship, as, for instance, the rudder, the mast, the yards and the sails, are, as it were, the members of the ship.

The Same, On the Epitomes of the Digest, by Paulus, Book II. “If my mother, Mævia, and my daughter Fulvia, should be living, then let Lucius Titius be my heir.” Servius was of the opinion that if the testator never should have a daughter and his mother should survive, Titius would still be his heir, because where anything that is impossible is inserted into a will it has no force.

Alfenus Verrus, Epitomes of the Digest by Paulus, Book II. Where the following was inserted in a will: “Let my heir be charged with a hundred aurei,” but did not add “the payment of,” it is settled that the legacy will be due.

Alfenus, On the Digest of the Epitomes by Paulus, Book II. As the question has been raised what should be considered a bequest of lambs, certain authorities hold that only lambs six months old are meant. The better opinion, however, is that those are bequeathed which are less than a year old. 1Where urban male and female slaves are bequeathed, I gave it as my opinion that muleteers are not included in the legacy; for only such slaves should be included in this designation whom the head of the household is accustomed to have about him, for his personal service. 2Where wool, flax and purple destined for her use were bequeathed to a wife, as the testator had left her a great deal of wool of different kinds, the question arose whether she was entitled to all of it. The answer was that, if none of this wool had been intended for the use of his wife, but all of it was mixed together, the decision must be the same as where provisions were bequeathed, and the testator left many things which were used as provisions, and which he was accustomed to sell, for if he had drawn different kinds of wine to be Used by himself and his heir, it all should be held to be included in the term “provisions.” But when it was proved that the party who made the will was accustomed to sell a portion of his provisions, it was decided that the heir should furnish the legatee with the amount of supplies which would be sufficient for his requirements during the year. It seems to me that the same rule should apply to the wool, and that the woman should receive what would be enough for her use for the term of a year; since after what had ordinarily been required by her husband had been deducted, the remainder should not be bequeathed to the wife, but only what was especially intended for her use. 3Where land, and everything purchased or intended for the cultivation of the same was left, it was held that neither the slave who was the gardener, nor the forester was bequeathed, as the gardener was intended to adorn the land, and the forester was employed for the purpose of watching and protecting it, rather than for its cultivation. A donkey, used for working a machine, is considered to have been bequeathed, as well as sheep intended to manure the land, together with the shepherd, if one had charge of sheep of this kind.

Alfenus Verus, Epitomes of the Digest by Paulus, Book II. “Let my heir pay a hundred aurei annually to my daughter every time that she becomes a widow.” The question arose, if the daughter should become a widow in less than a year, whether she would be entitled to less than a hundred aurei. The answer was that, although the entire year had not yet elapsed, the whole amount would be due to her.

Alfenus Verus, Epitomes of the Digest by Paulus, Book II. An heir built a country-house on land, the usufruct of which had been bequeathed. He cannot demolish the building without the consent of the usufructuary, any more than he can remove a tree from the land which he had planted there; but if he should demolish the house before the usufructuary forbids him, he can do so with impunity.

Alfenus, Epitomes of the Digest by Paulus, Book II. Where the utensils of a country-house are bequeathed, the better opinion is that the furniture is not included. 1Servius gave it as his opinion, where a vineyard and everything appertaining to it was left, that there were no such things as implements used for the cultivation of a vineyard. Cornelius, when his opinion was asked upon this point, replied that stakes, poles, and hoes are implements which belong to a vineyard; which is correct. 2A certain man left to his wife a tract of land where he himself resided, equipped for cultivation just as it was. When advice was taken whether the female slaves, who were spinners and weavers, were included in the devise, the answer was that they did not, properly speaking, constitute part of the equipment of the land; but, as the testator who devised the property lived upon it, there could be no doubt that the female slaves and other property which were on the premises for the use of the head of the household should be held to be embraced in the bequest.

The Same, Epitomes of the Digest by Paulus, Book II. His own peculium was bequeathed to a manumitted slave. By another clause of the will the testator left all his female slaves to his wife. One of these formed part of the peculium of the slave who had been manumitted, and it was decided that she belonged to the said slave, and that it did not make any difference which bequest had been made first.

Paulus, Epitomes of the Digest of Alfenus, Book III. A testator made the following bequest to his daughter, “If my daughter, Attia, should marry with the consent of Lucius Titius, let my heir give her such-and-such a sum.” Titius having died before the testator Attia married, the question arose whether she would be entitled to the legacy. The answer was that she would. 1“Let my wife Attia take the boy Philargyrus and the girl Agathea from the slaves who will belong to me at the time of my death.” The testator sold Agathea, whom he owned at the time he made the will, and afterwards bought other female slaves, to one of whom he gave the name of Agathea. The question arose whether she should be considered as having been bequeathed. The answer was that she should be.

Alfenus Varus, Epitomes of the Digest of Paulus, Book II. Whatever a slave has lent, or deposited, out of his peculium, although he may be sold or manumitted afterwards, can legally be paid to him; unless something should take place from which if may be inferred that payment has been made against the consent of the person to whom the slave belonged at the time. Where, however, anyone borrows, at interest, money from him which belonged to his master, while the slave was conducting the business of his master with his permission, the same rule will apply. For he who made the contract with the slave is considered to have received the money from him, and paid it to him, with the consent of his master.

Paulus, Epitomes of Alfenus, Book II. The term “boy” has three significations: first, we call all slaves “boys”; second, we speak of a boy in contradistinction to a girl; and third, we make use of the word to denote the age of childhood.