Julianus, Digest, Book IV. Where an agreement to arbitrate was in the following terms: “That the arbiter should make an award when both parties or their heirs were present”; and one of the litigants died, leaving a minor as his heir, it is held that the award will not be valid, unless the consent of the guardian is granted. 1The same rule will apply where one of the parties becomes insane;

Julianus, Digest, Book IV. And he may even be ordered not to render one, because nothing can be legally done in the presence of an insane person. Where, however, the lunatic has a curator, or one is appointed while the case is pending, the award can be made in the presence of the curator. 1An arbiter can order the parties to appear either by a messenger, or by letter. 2Where mention is made of an heir only with reference to one of the parties, the arbitration will be abrogated by the death of either of the litigants; as would have been the case if no mention of the heir of either had been made.

Julianus, Digest, Book IV. A certain man who brought an action against an heir was barred by an exception on the ground that the will was about to be set aside for the reason that possession of the estate could be granted to an emancipated son. The said emancipated son having failed to demand possession of the estate, the creditor could very properly ask that his right of action against the appointed heir should be restored to him, for as long as the possession of the estate could be granted to the son contrary to the provisions of the will, the heir, to a certain extent, was not a debtor.