Javolenus, On the Last Works of Labeo, Book II. The slave of two masters was appointed an heir and ordered to enter upon the estate; if he did so, by the order of one of them, and then was manumitted, he could himself become the heir of half the said estate by entering upon the same.

Javolenus, On the Last Works of Labeo, Book II. “I charge my heir to deliver my slave, Stichus, to Lucius Titius,” or “Let him deliver my slave to him.” Cascellius says that, under a clause of this kind, the slave must be delivered; and Labeo approves his opinion, because where anyone is ordered to deliver anything, he is at the same time ordered to give it. 1A legacy of two marble statues, as well as all the marble in the possession of the testator was specifically bequeathed to a certain individual. Cascellius thinks that no other marble statue, except the two mentioned, is due. Ofilius and Trebatius are of the contrary opinion. Labeo adopts the conclusion of Cascellius, which I believe to be correct, because by leaving two statues, it can be held that the testator did not intend to leave any more when he bequeathed the marble. 2“I give and bequeath to my wife her clothing, jewels, and all gold and silver plate, which I have had made for her, or intended for her use.” Trebatius thinks that the words, “Which I have had made for her or intended for her use,” only refer to the gold and silver plate. Proculus holds that they refer to everything mentioned, and this opinion is correct. 3In a case where Corinthian vases were bequeathed to a certain person, Trebatius was of the opinion that the pedestals made to support them were due, as part of the legacy. Labeo, however, does not adopt this opinion, if the testator considered the said pedestals as vases. But Proculus very properly says that if the vases were not of Corinthian brass, they could be claimed by the legatee. 4Where articles made of tortoise-shell are bequeathed, Labeo and Trebatius are of the opinion that beds inlaid with tortoise-shell, whose feet are covered with silver, are due, which is correct.

Javolenus, On the Last Works of Labeo, Book II. Where an usufruct is bequeathed to a woman until her dowry has been entirely paid, and one of the heirs gives her security for his share of the estate but the others do not; Labeo says that the woman will cease to enjoy the usufruct to the extent of said share. The same will take place where the woman is in default in accepting the security. 1An owner left to his tenant the usufruct of certain land which he cultivated. The tenant will have a right of action against the heir, in order that the judge may compel the latter to release him from liability under his contract.

Javolenus, On the Last Works of Labeo, Book II. When a bequest is made as follows, “I give and bequeath to Publius Mævius all the annual crops of the Cornelian Estate,” Labeo thinks this should be understood to be the same as if the usufruct of the land had been left, because this seems to have been the intention of the testator.

Javolenus, On the Last Works of Labeo, Book II. A certain individual charged his heir to give to his wife wine, oil, grain, vinegar, honey, and salt-fish. Trebatius said that the heir was not obliged to deliver any more of each article to the woman than he desired, since it was not stated how much of each article was to be given. Ofilius, Cascellius, and Tubero think that the entire amount of the said articles which the testator left was included in the legacy. Labeo approves of this, and it is correct. 1“Let my heir deliver to Lucius Titius a hundred measures of wheat, each of which shall weigh a hundred pounds.” Ofilius holds that nothing is bequeathed, and Labeo agrees with him, as wheat of this kind does not exist; which opinion I think to be true.

Javolenus, On the Last Works of Labeo, Book II. A certain testator had two adjoining tracts of land, and the oxen used on one tract, after the work there was completed, were then removed to the other. He bequeathed both tracts, with all the equipment. Labeo and Trebatius think that the oxen ought to belong to the land where they worked, and not where they were accustomed to remain. Cascellius holds the contrary opinion. I adopt the view of Labeo.

Javolenus, On the Last Works of Labeo, Book II. When the equipment of a tract of land is devised, Tubero thinks that all the cattle which the land can support are included in the devise. Labeo is of the contrary opinion, for he says if, when the land could support a thousand sheep, two thousand were kept there, how many of them should we decide ought to be included in the devise? No inquiry should be made as to how many sheep the testator ought to have had there for the purpose of constituting the number to be included in the devise, but how many he actually had on the land; for the estimate should not be made from the number or the amount that was left. I concur in the opinion of Labeo. 1A certain individual, who had potteries on his land, employed the services of his potters for the greater portion of the year in farm labor, and afterwards devised the land with its equipment. Labeo and Trebatius think that the potters should not be included in the equipment of the land. 2Where all the equipment of a tract of land was left with the exception of the cattle, Ofilius improperly holds that the shepherds and the sheep are included in the bequest.

Javolenus, On the Last Works of Labeo, Book II. Where toilet articles intended for women are bequeathed to a wife, Ofilius and Labeo gave it as their opinion that she will only be entitled to such as have been given to her by her husband for her own use. If this should be interpreted otherwise, great harm would result when a goldsmith or a silversmith makes such a bequest to his wife. 1Where a legacy was bequeathed as follows, “I leave to So-and-So the silver which may be found in my house at the time of my death,” Ofilius holds that silver deposited with the testator or loaned to him, ought not to be included. Cascellius is of the same opinion with reference to silver that was loaned. Labeo thinks that what was deposited with him will be due to the legatee, if it was left with him forever as treasure, and not merely for temporary safe-keeping; because the words, “Which may be found in my house at the time of my death,” should be understood to mean that which was ordinarily there. I approve of this opinion. 2Attius says Servius held that where a testator left a certain person the silver “which he might have on his Tuscan estate when he died;” that also was included in the legacy, which, before the testator’s death, had, by his direction, been taken from the city to the Tuscan estate. The case, however, would be different if it had been removed without his order.

Javolenus, On the Last Works of Labeo, Book II. Any balance due on the lease is also included in the legacy.

The Same, On the Last Works of Labeo, Book II. If your neighbor should, upon certain days, hinder you from using a highway when you wish to travel upon it in order to comply with a condition, and you are not to blame for not bringing an action against him to prevent him from doing this, these days shall not be included in the time imposed by the condition. 1A certain man made a bequest as follows, “If Publius Cornelius should pay my heir for the expense which I have incurred with reference to the Seian Estate, then let my heir deliver the Seian Estate to Publius Cornelius.” Cascellius said that the legatee ought also to pay to the heir the price of the land. Ofilius denies that the price is included in the term “expenses,” but that only those expenses are meant which the party paid out of the land after it had been purchased. Cinna holds the same opinion, and adds that an account of the expenses must be taken without deducting the profits. I think that this is the better opinion. 2A testator bequeathed a hundred aurei to Titius, and afterwards made the following provision in his will, “Let my heir give the sums of money which I have bequeathed, if my mother should die.” Titius survived the testator, and died during the life of the mother. Ofilius gave it as his opinion that, after the death of the mother, the heirs of Titius were entitled to the legacy, as it had not been left under a condition, but had been bequeathed absolutely in the first place, and the time of its payment had been added afterwards. Labeo says, “Let us see if this opinion is not false,” because it makes no difference whether a bequest is made as follows, “Let my heir pay to my legatee the money which I have bequeathed to him, if my mother should die,” or, in these terms, “Let him not pay the money, unless my mother should die,” for, in either instance, the legacy is given or taken away under a condition. I approve the opinion of Labeo. 3A master bequeathed five aurei to his slave, as follows: “Let my heir pay to my slave Stichus, whom I have ordered to be free by my will, the five aurei which I owe him on account.” Namusa says that Servius gave it as his opinion that the bequest of the slave was void, because a master cannot be indebted to his slave. I think that, according to the intention of the testator, the debt should rather be considered a natural than a civil one, and this is the present practice. 4A husband, who had received no dotal land, made the following testamentary disposition, “Let my heir give to my wife the Cornelian Estate, which she gave to me as her dowry,” Labeo, Ofilius, and Trebatius held that the devise of the land was, nevertheless, binding, because as the Cornelian Estate actually existed, the false designation did not affect the devise. 5Thermus Junior mentioned in his will the names of certain persons by whose advice he desired a monument to be erected to himself, and then made the following bequest, “Let my heir pay to Lucius, Publius, and Cornelius a thousand aurei for the purpose of erecting my monument.” Trebatius gave it as his opinion that this is just the same as if the bequest had been made on condition that the party should give security for the erection of the monument with the said money. Labeo concurs in the opinion of Trebatius, because it was the intention of the testator that the sum should be used for the erection of a monument. Both Proculus and myself approve this opinion.

Javolenus, On the Last Works of Labeo, Book II. Labeo says that a mast forms part of a ship, but that small sails do not, because many ships would be useless without masts, and therefore they are considered as belonging to ships; sails, however, are held to be rather an addition to than parts of a vessel. 1Labeo says that a difference exists between what projects over, and what is inserted into anything as a projection, is put forward in such a way that it does not have a support, as for instance, balconies and roofs; and whatever is inserted into a building rests upon something, for example, joists and beams. 2Labeo says that where lead is used instead of tile to cover a house, it forms part of it; but that where it is used for the purpose of covering an open gallery it does not. 3Labeo says that a widow is not only a woman who has been married at some time, but also one who has not had a husband; for the term is also applied to a person who is idiotic or insane, and the word also means without the union of two persons. 4Labeo also says, that a building composed of boards erected for the purpose of protecting any place during the winter, and which is removed in the summer, is a house; as it is designed for perpetual use, although it is not attached to the soil, for the reason that it is removed for a part of the time.