Julianus, Digest, Book XXXV. Where a debtor has an usufruct in a slave, and the slave in whom he enjoys said usufruct makes an agreement that suit shall not be brought against the debtor, by doing so he improves the condition of the latter. Likewise, if a creditor possesses such an usufruct, and agrees not to bring suit, and the slave then agrees that the creditor may do so, the creditor, by virtue of the agreement made by the slave, can properly claim the right to bring an action.

Julianus, Digest, Book XXXV. Where a person bequeathed a legacy to Titius, provided that, at the time of the testator’s death, the former should be in Italy, or he leaves it payable each year, as long as he remains in Italy; and the legatee obtains relief on the ground that he was excluded from the legacy because he was absent on public business, he is compelled to carry out any trust with which he was charged. Marcellus asks in a note, where an estate is restored to a soldier which he had lost because he was absent in the service of the State, whether any one can doubt that the right to legacies and trusts will not be impaired?

Julianus, Digest, Book XXXV. Whenever an usufruct is bequeathed to two persons in such terms that “they are to use and enjoy the same during alternate years”; as if, for instance, the bequest had been made to “Titius and Mævius”; it can be said that it was made for the first year to Titius, and for the second to Mævius. Where, however, there are two parties of the same name, and the terms of the bequest are as follows: “I give the usufruct to the two Titii, for alternate years”; unless both of them agree which one shall have the use of it first, they will interfere with one another. But if Titius acquires the ownership during a year in which he enjoyed the usufruct, he will not have the bequest in the meantime, but the usufruct will belong to Mævius for alternate years; and if Titius alienates the property, he will still be entitled to his usufruct; because, even if the usufruct was bequeathed to me under some condition, and, in the meantime, I acquired the ownership from the heir but while the condition was still unfulfilled, I alienated the property, I should be permitted to obtain the legacy. 1If you bequeath the usufruct of a tract of land to your tenant, he can bring an action to recover said usufruct, and he can bring suit against your heir on the ground of the lease; by which means he will avoid paying rent, and will recover the expenses which he incurred by cultivating the land. 2With reference to the point whether the usufruct of an entire estate or that of certain articles is bequeathed, I think that it is applicable where, if a house is burned down, an action for the usufruct of it—if it be the object of a special bequest—cannot be brought; but where the usufruct of the entire property was left, an action for the usufruct of the ground will lie; since anyone who bequeaths the usufruct of his property is held to include not only that of things of a certain kind which are there, but also that of his entire possessions, and the ground on which the house stood is a part of these.

Julianus, Digest, Book XXXV. Where the mere property in an estate is bequeathed to you, and the usufruct of the same estate to me and Mævius, you, Mævius, and I will each have a third part of the usufruct, and the other third part will be merged in the property. But if either I or Mævius should lose our civil rights, a third part will be divided between you and one or the other of us, so that the one who has not lost his civil rights will have half the usufruct, and the property along with the remaining half of the usufruct will belong to you.

Julianus, Digest, Book XXXV. Unless the building having been removed, the owner grants me an usufruct in the ground; that is where the time had elapsed by which the usufruct was lost.

Julianus, Digest, Book XXXV. Where the usufruct of land is bequeathed to you absolutely, and the mere ownership of the same is bequeathed to Titius conditionally, while the condition is unfulfilled you acquire the mere right of ownership, and after the condition has been complied with, Titius will be entitled to the land without any restriction; and it makes no difference that the property was bequeathed after the usufruct had been reserved, because when you acquired it you lost all the right to the legacy of the usufruct.

Julianus, Digest, Book XXXV. If ten thousand aurei are bequeathed to you and the usufruct of the same ten thousand to me, the entire ten thousand will belong to you; but five thousand must be paid to me on condition that I give security to you that, “At the time of my death or loss of civil rights, they will be delivered to you”; for, if a tract of land is devised to you, and the usufruct of the same land to me, you would, indeed, have the ownership of the entire tract, but you would have part of it together with the usufruct, and part of it without, and I should give security which would be approved by a good citizen to you and not to the heir. 1But where the usufruct of the same ten thousand aurei is bequeathed to two persons, they will each receive five thousand, and must give security to one another and also to the heir.

The Same, Digest, Book XXXV. A tract of land was bequeathed to Titius, the usufruct having been reserved, and the usufruct of the same land was bequeathed to Sempronius, under a certain condition. I said that, in the meantime, the usufruct was united with the property, although it is settled that when land is bequeathed with reservation of the usufruct the usufruct remains with the heir, because when a testator bequeaths land with reservation of the usufruct, and the usufruct of the same to another under some condition, he does not do so intending that the usufruct shall remain with the heir.

The Same, Digest, Book XXXV. Whenever a bequest is made to a wife under the condition that she will not marry, and she is charged to deliver the property bequeathed to Titius if she should marry, it has been well established that if she marries she can claim the legacy, and will not be compelled to execute the trust.

Julianus, Digest, Book XXXV. Where a legacy is bequeathed in the following terms, “Let my heir give Stichus, or any children born to Pamphila,” the legacy will not be payable before the day when Pamphila has a child, or at a time when it will be certain that a child will not be born to her. 1Where an usufruct is bequeathed by anyone to a slave, who was himself bequeathed by his master before the estate of the latter has been entered upon, and also before the estate of him who left the usufruct has been accepted, we think that there is no reason why the legacy should begin to take effect before the estate to which the slave who was bequeathed belonged is entered upon, as no advantage will at present accrue to the estate, and if in the meantime the slave should die, the legacy will be extinguished. Therefore, it must be held that as soon as the estate has been entered upon, the usufruct must be considered to belong to the person whose slave was bequeathed. 2If the slave to whom the usufruct was left should not himself have been bequeathed, it must be said that the usufruct will belong to the estate, because the time for it to take effect did not arrive before the estate was accepted.