Gaius, On the Provincial Edict, Book XVIII. Because reason suggests that he who can bestow freedom should himself grant it, either at the present time, or after a certain period, or under some condition, and he has not the power to appoint a slave his heir in case he should obtain his liberty in any other way whatsoever.

The Same, On the Provincial Edict, Book XVIII. If the testator directed his heir to purchase or sell a piece of property for a reasonable price, the legacy is valid. But what if the legatee, from whom the heir was directed to purchase the tract of land, should be compelled to sell it through necessity, and was unable to find a purchaser; or, on the other hand, if it would be greatly to the advantage of the legatee for him to purchase the property, and the heir would not sell it to him, unless the testator had ordered him to do so?

The Same, On the Provincial Edict, Book XVIII. Where a bequest is made to a son after the death of his father, there is no doubt that when his father dies the legacy will belong to the son; and it makes no difference whether the legatee becomes the heir of his father or not. 1Where a legacy is bequeathed to a slave after the death of his master, if he remains in the condition of servitude, the legacy will belong to the heir of his master; and the same rule will apply if the slave should be ordered to become free by the will of his master, for the time of the bequest dates from the moment of the appearance of the heir; the result of which is that the legacy will be acquired by the estate, and afterwards will vest in him who is the heir; and, moreover, where someone is created either the proper or the necessary heir of the master by his will, then, because the time of the appearance of the heir and that appointed for the vesting of the legacy coincide, it is held to be more probable that the legacy should belong to the party to whom it was left than to the heir of him from whom the slave obtains his freedom. 2If the slave should be bequeathed absolutely, and ordered to be free under some condition, and the condition should not be fulfilled, the legacy will be valid; and therefore if the condition should be fulfilled the legacy will be annulled, but if it should fail the slave will belong to the legatee. Therefore, if, while the condition upon which the freedom of the slave depends is in suspense, the legatee should die, and the condition upon which the freedom of the slave was dependent should fail, the legacy will not belong to the heir of the legatee. 3If, indeed, the slave should be bequeathed conditionally, and ordered to be free after the expiration of a certain time, the legacy is absolutely void, because the day appointed will certainly arrive. Julianus also was of this opinion. For this reason he says that if a slave was bequeathed to Titius, and was ordered to be free after the death of Titius, the legacy is void, because it is certain that Titius will die.

The Same, On the Provincial Edict, Book XVIII. If a slave belonging to Titius should steal something from me, and afterwards Titius, having appointed me his heir, should bequeath the said slave to you, it is not unjust that I should deliver to you the slave just as he was when in the hands of Titius; that is to say, that you should indemnify me for the theft which the slave committed while belonging to Titius. 1For, if a tract of land which was subject to a servitude for the benefit of certain land of mine should be left to you, it should not be delivered to you by me in any other way than subject to the former servitude. 2This case is not unlike the one where anyone purchases a slave from someone by the mandate of another, or gives back to the former owner a slave which he had purchased with the right to return him; for persons are not compelled to restore a slave under such circumstances, unless indemnity was promised for a theft committed by said slave either before the transaction was entered into or subsequently. 3Therefore, if a slave who was bequeathed steals something from the heir, after his acceptance of the estate, the latter will be obliged to deliver the slave in such a way that the legatee will receive from the heir the amount which he could have recovered from him by an action growing out of the crime committed by the slave.

Gaius, On the Provincial Edict, Book XVIII. For those things which occupy the place of accessories are extinguished when the principal property is destroyed.

Gaius, On the Provincial Edict, Book XVIII. When, however, a slave is bequeathed with his sub-slaves, the legacy of the sub-slaves will continue to exist, if the slave dies, or is alienated or manumitted.

The Same, On the Provincial Edict, Book XVIII. Where property is left to anyone under the condition of his not doing something, he must give security by means of the Mucian Bond to him to whom the legacy or the estate will belong under the Civil Law if the condition should fail to be complied with.

The Same, On the Provincial Edict, Book XVIII. In appraising an estate, it has been decided that its value at the time of the death of the testator should be ascertained. Therefore, if anyone has property worth a hundred aurei and bequeaths all of it, no profit will accrue to the legatees, if, before the estate is entered upon it should be increased by anything obtained through slaves belonging to it, or by the birth of the offspring of female slaves, or from the increase of flocks, to such an extent that the hundred aurei, included in the legacies, having been paid, the heir will still have enough for his fourth; but it will, nevertheless, be necessary for the fourth part of the legacies to be deducted. On the other hand, if the testator should bequeath seventy-five aurei out of the hundred, and, before the estate was entered upon, the amount should be diminished (for instance by fire, shipwreck, or the death of slaves), to such an extent that not more than seventy-five aurei, or even less than that sum, remains, the legacies must be paid in full; for this cannot be considered injurious to the heir, as he is at liberty not to accept the estate. Hence it becomes necessary for the legatees to compromise with the heir for a part of their legacies, in order to avoid obtaining nothing in case he should refuse to take under the will. 1Very serious doubts arise with reference to certain matters, the condition of whose accomplishment depends upon the time of the death of the testator; that is to say, where a debt is due under a condition, shall it be counted as part of the assets of the stipulator, or shall it be deducted from the estate of the promisor? Our present practice is that the amount which the obligation will bring, if sold, shall be considered as added to the estate of the stipulator, but deducted from that of the promisor; or the question can be settled by the parties giving security to one another; so that the claim may be considered as absolutely due, or as if nothing was due at all; therefore the heirs and the legatees can furnish one another security, so that, if the condition should be fulfilled, the heir may pay to the legatees the amount which he has withheld, or the legatees may refund whatever they have received in excess of that to which they were entitled. 2Even where some legacies have been absolutely bequeathed, and some have been bequeathed under a condition, and the condition was fulfilled, the Falcidian Law will apply, but the legacies absolutely bequeathed should only be paid after security has been taken. In a case of this kind, it is generally the custom for the legacies absolutely bequeathed to be paid just as if no others had been left conditionally; the legatees, however, should give security that after the condition has been complied with, they will return any excess which they may have received. 3A bond of this kind is considered necessary, where freedom is granted to certain slaves conditionally by the same will, because the value of said slaves should be deducted from the bulk of the estate, after the condition has been complied with. 4It is evident that the law is different, where legacies are bequeathed payable within a certain time, since it is absolutely certain that they will be due to the legatee himself, or to his heirs. It must, however, be understood that as much less will be deducted from the assets of the estate as the heir, in the meantime, until the day for payment arrives, will obtain by way of profit from the crops, or from interest. 5Therefore the best course will be for the testator, in bequeathing his property, to make such a disposition of the same that nothing over three-fourths of it will remain. If anyone should exceed the three-fourths, the legacies will be diminished pro rata, by operation of law. For example, where a man has an estate of four hundred aurei, and bequeaths the whole of it in legacies, the fourth part of his legacy will be taken from each legatee. If he should bequeath three hundred and fifty aurei, the eighth of each legacy will be deducted; if, however, he should bequeath five hundred aurei, and should only have four hundred; in the first place, the fifth part, and afterwards the fourth part will be deducted, for the amount should first be deducted which is in excess of the value of the property of the estate, and afterwards what the heir is entitled to out of the actual assets of the same.

The Same, On the Provincial Edict, Book XVIII. There is no doubt that the advantages conferred by the Falcidian Law are available by every individual heir, and therefore, if Titius and Seius have been appointed heirs, and the half of the estate belonging to Titius is exhausted in legacies, so that the fourth part of the entire property is left to Seius, Titius will be entitled to the benefit of the Falcidian Law.

The Same, On the Provincial Edict, Book XVIII. In the case of double wills, when we make inquiry with reference to the estate, only the property which the father possessed at the time of his death should be considered, as it does not make any difference whether the son either gained or lost anything after the death of his father; and, when we investigate the legacies, both those which are bequeathed in the first, as well as in the second will, are liable to contribution, just as if those with which the testator charged his son, as heir, had been left to him under some other condition.

The Same, On the Provincial Edict, Book XVIII. The bequest of an usufruct, however, is subject to computation under the terms of the Falcidian Law, for it is susceptible of division; so that if it is bequeathed to two parties, they will each be entitled to his share under the law. 1Where a dowry is bequeathed to a wife, it does not come within the terms of the Falcidian Law, for the reason that she is considered to have received her own property. 2It is expressly provided by the Falcidian Law that such property as has been purchased or prepared for the use of a wife is not subject to its operation.

Ad Dig. 50,17,57ROHGE, Bd. 10 (1874), S. 431: Deposition wegen Ungewißheit, wer der Forderungsberechtigte ist.The Same, On the Principal Edict, Book XVIII. Good faith does not permit the same debt to be collected twice.