The Same, Digest, Book XXXIV. Where a right to pass through land is bequeathed to an estate held in common by two persons, unless both of them agree as to the direction of the pathway, the servitude is neither acquired nor lost.

Ad Dig. 30,76Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 255, Note 5.Julianus, Digest, Book XXXIV. If anyone should stipulate to deliver Stichus or Pamphilus, and then should bequeath Stichus to Sempronius, and Pamphilus to Mævius; the heir is understood to be required to pay the value of Stichus or Pamphilus to one of the legatees, and to assign his right of action to the other.

Julianus, Digest, Book XXXIV. If a slave whom you had given in pledge is bequeathed to you by some other party, you will be entitled to an action under the will against the heir if the pledge is released. 1If one of the heirs of a testator is charged to deliver Stichus to Mævius by way of legacy, and then all his heirs are charged by a codicil to deliver the same Stichus to him, and, before the codicil is opened, Mævius should receive the appraised value of the slave, he cannot legally obtain the slave under the codicil, because the testator intended he should receive the legacy but once. 2Ad Dig. 30,86,2Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. III, § 643, Note 2.Where a slave is bequeathed, and the condition of said slave and of everything relating to him personally are in suspense, and the legatee should refuse the legacy, the slave is considered never to have belonged to him; and if he should not reject him, he is understood to be his from the day of the acceptance of the estate. In accordance with this rule, and the rights of those interested in property which the slave either received by delivery or stipulated for, as well as with reference to whatever was bequeathed or given to him, his condition will be determined; and also whether the business he transacted was for the benefit of the heir, or the legatee. 3Where all the heirs of a testator are charged with the delivery of a tract of land, which belonged to one of them, he to whom it belonged is not required to furnish more than his share, and the others will be liable for the remaining shares. 4If a house is left to him on whose ground the building stands, the legacy will be valid, even though he is the owner of the land; for by this means he obtains a release from the servitude and profits by the gift of the house.

Julianus, Digest, Book XXXIV. Where anyone bequeaths a promissory note, it is understood that he had in mind not only the tablets upon which it is written, but also the rights of action, the proof of which is contained in the tablets. For it is clear that we use the same “note” instead of the said rights of action; so when the note is sold, we understand that the claim was also disposed of. Moreover, where anyone bequeaths a claim, he is understood to have bequeathed what can be recovered by an action at law.

Julianus, Digest, Book XXXIV. Where anyone bequeaths a legacy to his wife, as follows: “Let my heir give so many aurei to Titia in addition to her dowry,” it is clear that he also intended to leave her the dowry.

The Same, Digest, Book XXXIV. Where a slave is bequeathed in general terms to Pamphilus, the slave of Lucius Titius, and then the master of Pamphilus manumits him after the time that the legacy becomes due, and Titius claims the slave, the legacy of Pamphilus is extinguished, because there is no slave belonging to the estate who can be selected. If, however, Titius should reject the legacy, it is established that Pamphilus can make his choice of a slave bequeathed to him; for although by the manumission of Pamphilus two persons, Titius and Pamphilus, are constituted legatees, still, the bequest of one and the same thing is left to them, and if Titius claims it, the option of Pamphilus is extinguished, and if he rejects it, Pamphilus can make his selection.