Florentinus, Institutes, Book XI. Where a bequest of the use of some property is left to one man, and the yield of it to another, the usufructuary will obtain whatever remains after the demands of the party entitled to the use are satisfied, but he himself will have a certain amount of use for the purpose of enjoyment. 1It makes a difference whether the usufruct of property or the value of the same is bequeathed to you; for if the usufruct of the property is left to you, any article which was bequeathed to you in addition, must be deducted from it, and you will be entitled to an usufruct in whatever remains; but where the usufruct of the value in money is left you, this also will be estimated, because it is an additional bequest, for by bequeathing the same property several times the testator does not increase the legacy; but where one specific article has been bequeathed, we can increase the legacy by bequeathing the estimated value of it also.

Florentinus, Institutes, Book XI. The peculium also consists of what anyone has saved by his own economy, or what he has, by the performance of any service, merited as a gift from someone, where the donor intended that the slave should have this as his own property.

Florentinus, Institutes, Book XI. A legacy is a deduction from an estate whereby a testator desires that something should be given to a person which otherwise would have entirely belonged to the heir. 1Ad Dig. 30,116,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. III, § 627, Note 8.An heir cannot be charged with a legacy for his own benefit, but you, as his co-heir, can be charged with one for his benefit. Therefore, if a tract of land is devised to a person who is appointed heir to half of the estate, and there are also two heirs who are strangers, the sixth part of the said tract of land will belong to the heir to whom the land was left, because he cannot claim half of it from himself; and with respect to the other half held by his co-heir he cannot claim more than the third part conjointly with the two strangers. The strangers, however, will have a right to claim half of the land from the heir to whom it has been devised, and each of them a third from the other heir. 2Where a slave belonging to another is appointed an heir, he cannot be charged with a legacy of himself, either entirely or partially. 3A legacy can lawfully be bequeathed to a slave who forms part of an estate, even though it has not been entered upon, because the estate represents the person of the deceased who left it. 4Where real property is devised, it should be delivered in the same condition in which it was left. Therefore, whether it owes a servitude to land belonging to the heir, or the latter owes it a servitude, and even though these servitudes may have been extinguished through confusion of ownership, the former right must be restored, and if the legatee does not permit the servitude to be imposed, and claims the legacy, he can be opposed by an exception on the ground of bad faith. Where, however, the servitude is not restored to the land entitled to it, an action under the will will remain in favor of the legatee.

Florentinus, Institutes, Book XI. That is to say, movable property, but not animals, is classed under this head.

Florentinus, Institutes, Book XI. Where material of another description is inserted in gold or silver, and the legacy consists of manufactured gold or silver, whatever is inserted in them will be due to the legatee. 1In order to determine which of the two materials is accessory, the intention and custom of the testator, as well as the use which he made of the article in question, must be ascertained.

Florentinus, Institutes, Book XI. Legacies which are void when granted, are not rendered valid by being suppressed; as, for instance, after having appointed the master of a slave his heir, the testator conditionally deprives the said slave of an absolute bequest which he had made to him of the same. For where an absolute bequest is taken away by imposing a condition, it is held to have been bequeathed under the contrary condition, and therefore is confirmed. This, however, does not apply where the legacy which was suppressed was not valid in the first place. 1The same reasons for which a legacy becomes void when bequeathed, cause its suppression also to become of no force or effect; as, for example, if you deprive a legatee of a part of his right of way, or direct a slave to be only partly free.

Florentine, Institutes, Book XI. Where a bequest is made to anyone specifically, as, for example, to Lucius Titius; it would make no difference whether he designated him in this way, or by mentioning his physical characteristics, his trade, employment, relationship, or affinity; for a designation of this kind generally takes the place of the name, nor is it of any consequence whether it be false or true, provided it is positively known whom the testator meant. 1There is this difference between designation and a condition: a designation generally refers to something which has already been done, a condition to something which is to take place.

Florentinus, Institutes, Book XI. Where an heir, who was charged by a trust to transfer the estate to someone after the receipt of a certain sum of money, refuses to carry out the will of the testator, and afterwards desires to avail himself of the benefit of the Falcidian Law, even though the money may not have been paid to him who, on receipt of it, was asked to transfer the estate; still, he will be compelled to execute the trust, since what the testator wished to be given him will take the place of the Falcidian portion.