Javolenus, On Plautius, Book I. Where a party who has received a legacy under a will brings an action for the recovery of the estate, and, for some reason or other, the legacy is not returned, it is the duty of the judge to cause the estate to be surrendered to the plaintiff, after deducting the amount which he received.

Javolenus, On Plautius, Book I. Where a woman wishing to give a dowry to the man whom she intends to marry releases him from liability for the money which he owes her, and the marriage does not take place, she can very properly bring suit against him to recover the money; because it makes no difference, since he received it without consideration, whether it was actually paid to him or he obtained a release for it.

Javolenus, On Plautius, Book I. An heir delivered a slave who was not expressly bequeathed, and gave a guarantee against fraud and the slave was afterwards evicted. The legatee could bring an action on the will against the heir, even though the latter was ignorant that the slave was the property of another.

Javolenus, On Plautius, Book I. Where a woman is about to marry a son under paternal control, and promises a dowry to her father-in-law in the following terms: “Whatever your son owes me shall be yours as my dowry,” I think that it makes a difference whether the obligation of the son or the right of action which the woman has against the father for property employed for his benefit, is referred to in the promise; for if what the son is required to pay is meant, all the money for which he is liable is included in the promise of the dowry. If, however, what the father must pay out of the peculium for property employed for his benefit is referred to, an estimate should be made of how much that was at the time when the promise was given, and this sum will be considered to form the dowry for which judgment can be rendered against the father, in the name of the son, at the above-mentioned date. If, however, it is not perfectly clear which obligation the woman had in mind, the presumption is that she had reference to the debt of the son, unless it is perfectly evident that the contrary is the case.

Javolenus, On Plautius, Book I. Where a tract of land is specifically devised, any addition made to it after the will has been drawn up will also form part of the legacy, even if the words, “Which will be mine,” are not added; provided that the testator did not hold this property separate from the estate, but had united it to the first tract of land devised in its entirety.

Javolenus, On Plautius, Book I. Where legacies are repeated in making a substitution, grants of freedom are also included in the repetition.