Marcellus, Digest, Book XIII. A slave whose use is bequeathed to me acquires for me if he is my agent, and I employ his services in a shop; for he acquires for me by the sale and purchase of merchandise; and he likewise does so if he receives property through delivery by my order.

Marcellus, Digest, Book XIII. Where a soldier bequeathed a slave to Titius and Seius, and while Seius was deliberating as to whether he would accept the bequest or not, Titius manumitted the slave, and Seius afterwards declined the legacy, I say that the slave should be free, for the reason that if an heir manumits a slave bequeathed to anyone, and the legatee afterwards rejects the bequest, the slave will become free.

Marcellus, Digest, Book XIII. Titius bequeathed to you a share in Stichus, and Seius bequeathed to you the remaining share in Stichus, you can then claim him by virtue of both wills.

Marcellus, Digest, Book XIII. “I bequeath to Lucius Titius the Seian Estate, or the usufruct of the same.” The legatee can claim either the land or the usufruct, which he to whom only the land is devised cannot do.

Marcellus, Digest, Book XIII. “Let my heir be charged to permit Titius to reside in such-and-such a house, as long as he lives.” This is held to be a single legacy. 1Where a testator had two tracts of land, and devised one of them, and then conveyed it to one person and the usufruct of it to another, I ask, if the usufructuary did not have access to the said land by any other way than through the tract which had been devised, whether the servitude would be due to him. The answer that the rule was the same as if the land had belonged to an estate through which a right of way could be granted to the usufructuary, and, according to the will of the deceased, it appeared that this was required from the heir; for in this instance, the legatee would not be permitted to claim the land, unless he had first granted the right of way through it to the usufructuary, in order that the same condition which was obtained during the lifetime of the testator might be preserved either as long as the usufruct continued to exist, or until it was reunited with the land.

Marcellus, Digest, Book XIII. A right of way can be bequeathed to persons holding a tract of land in common, just as a slave held in joint ownership can legally stipulate for a right of way, and the stipulation will not be annulled where two heirs are left by him who stipulated for the right of way.

Marcellus, Digest, Book XIII. If anyone should promise two slaves, and deliver Stichus, and he afterwards becomes the owner of the said Stichus, he will be released from liability by delivering him. With reference to the payment of money, there is less doubt, and, indeed, almost none at all. For in Alfenus, Servius says that a creditor who is willing to accept less than is due from his debtor, and release him, can do so by frequently receiving a sum of money from him, returning it, and afterwards receiving it again; for instance, if a creditor, to whom a debtor owes a hundred aurei, is willing to release him on the payment of ten, and after haying received the ten, gives the same coins back to him, and afterwards receives them and returns them up to the full amount, and finally retains them, although this has not been accepted by certain authorities as being sufficient payment, because he who takes the money in order to refund it, seems rather to have paid it himself than to have received it.