Hermogenianus, Epitomes of Law, Book III. Where an heir has been appointed first in order to half of an estate, and a second to two-thirds, and a third to the remaining portion, or if he has been appointed without mentioning what he shall receive, the said third heir will be entitled to five-twelfths of the estate; for if it is divided into twenty-four parts, the rules of calculation will give him ten twenty-fourths of the same, which is equivalent to five shares.

Hermogenianus, Epitomes of Law, Book III. The following words: “Let Publius Mævius be my heir if he is willing”, establish a condition with reference to the necessary heir, so that he will not become the heir if he is unwilling; for these words are fruitlessly added with reference to a voluntary heir, for even if they had not been added, the appointee would not become the heir against his will.

Hermogenianus, Epitomes of Law, Book III. He who refuses to accept the property of a person who is living is not forbidden to enter upon his estate, or demand prætorian possession of it after his death.

Hermogenianus, Epitomes of Law, Book III. Where anyone, erroneously supposing himself to be a minor, when, in fact, he has arrived at puberty, acts as an heir, his rights will not be prejudiced by a mistake of this kind.

Hermogenianus, Epitomes of Law, Book III. Where an heir, having relinquished his rights under the will, obtains possession of the estate as a purchaser, or on account of a dowry, or by way of donation, or by any other title except that of heir or possessor, he will not be liable to an action brought by the legatees.

Hermogenianus, Epitomes of Law, Book III. A husband who does not avenge the death of his wife shall be deprived of her dowry as being unworthy.

Hermogenianus, Epitomes of Law, Book III. The same rule will apply if the father should be condemned to penal servitude, and should afterwards regain his rights.

Hermogenianus, Epitomes of Law, Book III. Where, however, a son is disinherited under a condition, and demands prætorian possession of the estate contrary to the provisions of the will, even though he may have been appointed heir under a condition, he shall be excluded from possession of the estate; for children are deprived of the estates of their parents in consequence of a positive resolution. 1The retention of a legacy and of a donation mortis causa, as well as the execution of a trust is refused to one who has obtained prætorian possession of an estate in opposition to the terms of the will; and it makes no difference whether the bequest was acquired directly, or by the intervention of another.

Hermogenianus, Epitomes of Law, Book III. Those whom the Divine Pius stated could retain either what was left to them, or their legal shares of the estate, shall obtain nothing from slaves who have been unable to secure their freedom on account of prætorian possession given contrary to the provisions of the will.

Hermogenianus, Epitomes of Law, Book III. Where any expense has been incurred by her in good faith, it should not be recovered from her.

Hermogenianus, Epitomes of Law, Book III. This possession will benefit the minor if security is furnished not only to obtain actual possession, but also to recover property, to collect debts, to give dowries, and to do everything else which we have already stated is liable to contribution in collation.

Hermogenianus, Epitomes of Law, Book III. If the patron or the freedman has been banished, and afterwards restored to his civil condition, the right of patronage, as well as that to demand prætorian possession contrary to the provisions of the will, which have been lost, will be restored; and this right is preserved, even if the patron or the freedman should be restored to his former status after having been sentenced to the mines. 1A patron is excluded from prætorian possession contrary to the provisions of the will when he is appointed heir to only a twelfth of the estate; and what is necessary to make up the amount to which he is entitled can be obtained through his slave by a bequest of the freedman payable unconditionally, and without delay, either by leaving him the estate, or a legacy, or a sum of money payable under a trust. 2Where only one of two patrons is appointed heir to what is due to him unconditionally, and without delay, he cannot demand prætorian possession in opposition to the provisions of the will; even if a smaller amount than he was entitled to has been left to him, and he should demand prætorian possession of the estate contrary to the provisions of the will, the share of the other patron will accrue to him. 3If the natural children of a freedman, who had been disinherited by him, should through their slaves succeed to a share of the estate of their father, a stranger having been appointed heir to the remainder, this will affect the right of the patron. 4Where the son of a freedman is appointed his heir, and rejects the estate, the patron will not be excluded.

Hermogenianus, Epitomes of Law, Book III. Children born after the death of their father, or after his captivity or banishment, as well as those who are under his control at the time when he was captured or banished, retain the right of consanguinity, even though they may not be the heirs of their father, just as is the case with children who are disinherited.

Hermogenianus, Epitomes of Law, Book III. It is not permitted to do anything to the walls or doors or any other parts of sacred edifices, from which injury or inconvenience may result.

Hermogenianus, Epitomes of Law, Book III. The sentence of deportation, alone, deprives a person of his property, which is confiscated by the Treasury.