The Same, Concerning Wills; On the Edict of the Urban Prætor, Book II. If anyone should write the following into a will, namely: “Let Titius be heir to half of my estate, and let the same Titius be heir to the other half if a ship arrives from Asia”, as the heir enters upon the estate by reason of an unconditional appointment, although the condition of the second appointment may still be pending, he becomes the heir to the entire estate, even if the condition should not be fulfilled, as its fulfillment will not, in any way, benefit him; since there is no doubt that if a party is appointed heir to half of an estate, and no other heir should afterwards appear, he is held to have been appointed heir to the whole of it.

The Same, Concerning Testaments; On the Edict of the Urban Prætor, Book II. Even though, properly speaking, a single article is not understood to be part of an estate.

The Same, Concerning Testaments; On the Edict of the Urban Prætor, Book II. For since an estate can be claimed on the ground of hereditary right by a party, who is in possession of a single article belonging to it, it cannot be doubted that what we have stated is true.

The Same, Concerning Testaments; On the Edict of the Urban Prætor, Book II. Where two appointed heirs, both having relinquished their rights under the will, obtain possession of an estate on the ground of intestacy, then, in accordance with the Prætorian Law, both will be considered as having entered upon the estate under the will, and an action will lie against each of them for his respective share. 1We should note that the benefit of the Lex Falcidia must be accorded to the heir against whom an action is granted in favor of the legatees by this section of the Edict.

Gaius, On Wills Relating to the Urban Edict, Book II. No one is considered to commit a fraud who does what he has a right to do.