Licinnius Rufinus, Rules, Book IV. Where property is bequeathed by a legacy, and suit is brought to recover it by an action in personam, it must be delivered where it is, unless it has been maliciously removed by the heir; and then it shall be surrendered where suit is brought for it. Again, a legacy consisting of articles which may be weighed, counted, or measured, must be delivered where suit is brought for it; unless the following words were added, “A hundred measures of corn from such-and-such a granary”, or “so many amphoræ from such-and-such a cask”. Where, however, suit is brought for a legacy by an action in rem, it must also be brought where the property is. If the latter is movable, an action for its production will lie against the heir to compel him to produce it, for then suit can be brought by the legatee for its recovery.

Licinius Rufinus, Rules, Book IV. Where a slave belonging to another is appointed an heir, his master can be charged with the execution of a trust. The latter, however, will not be obliged to execute it, unless he becomes the heir to the estate through his slave. If, however, the slave should be manumitted before he enters upon the estate by the order of his master, he can accept the estate if he chooses to do so, and the master will not be obliged to execute the trust, because he did not become the heir, and the slave will not be compelled to do so, for the reason that he was not charged with it. Therefore, an equitable action will lie in this case, in order that he who will benefit by the estate may be forced to execute the trust.

Licinius Rufinus, Rules, Book IV. Only he can be deprived of a legacy to whom it was bequeathed, and therefore if a bequest should be made to the son or the slave of another, the father or the master cannot be deprived of it.