Julianus, Digest, Book XXIX. The following was set forth in a will: “If a child should be born to me, I appoint him heir to two-thirds of my estate, and I appoint my wife heir to the remaining third; if, however, a daughter should be born to me, I appoint her an heir to one-third of my estate, and my wife to the remaining two-thirds.” In case both a son and daughter are born, it must be held that the estate should be divided into seven parts, out of which the son should be entitled to four, the wife to two, and the daughter to one portion. Thus, in compliance with the will of the testator, the son should have twice as much as the wife, and the wife twice as much as the daughter, and although, according to the strict rule of law, it might be held that the will was broken; still, as the testator desired that his wife should have something in case either of the children mentioned should be born, recourse was had to this interpretation through motives of humanity, and it was also clearly accepted by Juventius Celsus. 1It has been established by a rule of the Civil Law that an estate once granted cannot be taken away; wherefore, in case a slave is directed to become free and an heir, even though his master should deprive him of freedom by the same will, he shall, nevertheless, be entitled to both his freedom and the estate. 2When a will is framed in the following terms: “Let Titius be my heir, after the death of my son, and I disinherit my son”; it is of no effect, because the son is disinherited after the death of the testator, and for this reason he can obtain possession of the estate in opposition to the wills of the freedmen of his father.

Julianus, Digest, Book XXIX. When a testator makes the following disposition in his will: “If my son should die during my lifetime, and the grandson by him should be born after my death, let him be my heir”, there are two degrees of succession, for under no circumstances can both of them be admitted to share in the estate. From this it is evident that, if Titius should be substituted for the grandson, and the son should be the heir of his father, Titius cannot be the heir of his son, for the reason that he is substituted not in the first, but in the second degree. 1The following clause: “Let Publius, Marcus, Gaius, substitutes for one another, be my heirs”, should be understood to mean that the testator seems to have appointed three heirs in a very few words, and to have substituted them for one another, just as if he had written, “Let So-and-So, So-and-So, and So-and-So be appointed my heirs, and be substituted”. 2Where a man has three sons and wrote in his will: “Let my sons be my heirs, and let my son Publius be disinherited”, he is considered to have only appointed two of his sons his heirs in the first part of his will.

The Same, Digest, Book XXIX. If a father should appoint as his heir his son who is under the age of puberty, and appoint as his substitute a posthumous child, and a child should be born during the lifetime of its father, the will will be broken if the other child is living. If, however, the said child should be born during the lifetime of its father, but after the death of its brother, it will be the sole heir of its father.

Julianus, Digest, Book XXIX. Where a party makes an appointment by will, as follows: “Let my son be my heir, if he adopts Titius, and if he does not adopt him, let him be disinherited”; and if the son is ready to adopt him, but Titius is unwilling to be arrogated, the son will become the heir, just as if the condition had been fulfilled.

Julianus, Digest, Book XXIX. A donation mortis causa can be revoked even while it is yet uncertain whether or not the donor can recover his health or not.

The Same, Digest, Book XXIX. Anything which rarely occurs should not rashly be considered in the transaction of business.