Gaius, On the Edict of the Prætor, Concerning Legacies. Where an heir is directed to act in such a way that Lucius may obtain a hundred aurei, the heir will be compelled to pay that sum; because no one can act in such a way that I may obtain a hundred aurei unless he gives them to me. 1It is stated in a Rescript of Our Emperor that legacies bequeathed to villages, as well as those bequeathed to cities, are lawful.

Gaius, On the Edict of the Prætor Concerning Legacies, Book III. Where an usufruct is bequeathed to a municipality, the question arises how long it shall be entitled to the same, for if anyone should say that it was entitled to it in perpetuity, the mere ownership, if the usufruct should be perpetually separated from it, would be worthless; hence it is established that the municipality can hold it for a hundred years, which is the longest term of life.

Gaius, On the Edict of the Prætor with Reference to Legacies, Book III. The value of an estate is estimated after having deducted any expenses which may be incurred by the sale of property.

The Same, On the Edict of the Prætor with Reference to Legacies, Book V. Where, however, it is said that an heir who is entitled to his fourth under the will of the deceased is obliged to pay the legacies in full, we must understand that this applies where he receives the estate by hereditary right, for what anyone receives from his co-heir, as a legacy, shall not be charged to his fourth.

Gaius, On the Edict of the Prætor, Book III. Any property, however, which is given either by a co-heir, a legatee, or a slave who is to be free conditionally, for the purpose of complying with the condition, shall not be charged to the Falcidian portion, because it is obtained mortis causa. It is clear that if the heir should receive any money from the peculium of the slave, he must charge it proportionally to his share, because the said proportional share does not pass to him mortis causa, but he is understood to acquire it by hereditary right. 1For which reason it has been decided that any bequests which legatees have no right to receive, and which, on this account, will belong to the heirs, the latter do not obtain by hereditary right, and therefore they must be charged to the fourth; for it does not make any difference whether property is bequeathed to him in the first place, or whether, after it has been bequeathed, it remains in his hands.

The Same, On the Edict of the Urban Prætor with Reference to Legacies, Book III. If, however, one of two heirs should fail to accept his share of the estate, and the other should become the sole heir to the same, will the Falcidian Law apply, just as if the entire estate had been left to the latter heir in the beginning, or should the two portions of it be considered separately with reference to the operation of the Falcidian Law? It is established that if the share of the legacy of him who became the heir is exhausted, the legatees will be benefited by the share which was not accepted, for the reason that it was not burdened with legacies, since those remaining in the hands of the heir will cause either nothing at all, or only a small sum to be deducted from what is to be paid to the other legatees. If, however, the share which was not accepted is exhausted, it will be subject to the operation of the Falcidian Law, just as if it belonged to the party by whom it was refused.

The Same, On the Edict of the Prætor with Reference to Legacies, Book III. Where a testator left an estate of four hundred aurei, and, having appointed his son who had not reached the age of puberty his heir, bequeathed him two hundred aurei, and substituted Titius and Seius for him as heirs, and charged Titius with a legacy of a hundred aurei; let us see what the law is, if the minor should die before the legacies with which the two substitutes were charged have been paid. The heir Titius is the only one who can make use of the Falcidian Law, for as the two hundred aurei forming part of the estate of the minor belong to him, he will owe two hundred on account of the legacy, that is a hundred out of the two hundred which the minor owed, and the hundred which he himself was ordered by the testator to pay. Therefore, having deducted the fourth of each of these sums, he will have fifty. The Falcidian Law, however, is not applicable to Seius personally, since the two hundred aurei belong to him as a part of the estate of the minor, and he will owe in legacies a hundred out of the two hundred which were left by the minor. If, however, the minor himself should pay the legacies, his guardians should see that the legatees furnish him with security. 1There are certain legacies which are not susceptible of division; for instance, those of rights of way, of rights of passage, and of rights to drive cattle through land, for things of this kind cannot partly belong to anyone. Where, however, an heir is directed to build some public work for a municipality, the legacy is considered to be undivided, for it is not understood that he constructed a bath, a theatre, or a racecourse, until it has assumed its proper form, which only happens at its completion. In cases of this kind, even though there are several heirs, they are individually liable, and the bequest belongs to all the legatees. Hence, where bequests which are not susceptible of division are made, they belong wholly to the legatee. Still, relief can be granted to the heir, if he notifies the legatee to return to him his share of the amount, after an estimate has been made of the value of the legacy. If he should not do this, the heir can avail himself of an exception on the ground of fraud, in bar to legal proceedings instituted by the legatee to recover the bequest.

Gaius, On the Edict of the Urban Prætor Concerning Legacies. When a dispute arises with reference to the amount of the donation, neither the children of female slaves, crops, rents, nor wages are held to be included.

Ad Dig. 50,17,56BOHGE, Bd. 1 (1871), S. 22: Auslegung zum Nachtheile des Contrahenten, welcher aus dem Vertrage ein Recht auf eine ihm vortheilhaftere Auslegung herleitet.ROHGE, Bd. 7 (1873), S. 1: Auslegung zum Nachtheile des Contrahenten, welcher aus dem Vertrage ein Recht auf eine ihm vortheilhaftere Auslegung herleitet.The Same, On Legacies Relating to the Urban Edict, Book III. In questions which are doubtful, the more benevolent opinion should always obtain the preference.