Marcellus, Digest, Book XXV. If, however, some of the freedmen should be absent, and those who are present demand the execution of the trust, which was directed by the testator to be carried out immediately, after investigation has been made, it should be determined whether the others also are not entitled to claim the legacy.

The Same, Digest, Book XV. I do not think that the time for the execution of a trust has arrived when the beneficiary of the same has entered his sixteenth year, and the condition was when he should have reached the age of sixteen years. The Emperor, Aurelius Antoninus, rendered this decision in the case of an appeal from Germany.

Marcellus, Digest, Book XV. A father appointed his son, by whom he had three grandsons, his heir, and charged him not to alienate a certain tract of land, but to leave it in the family. The son, at his death, appointed his three sons his heirs. The question arose whether each of the said sons, as the creditor of his father, could make a deduction of anything from the estate, on account of the Falcidian Law; as it was in the power of their father to bequeath the entire trust to any one of his sons whom he might select. None of them for this reason could deduct anything on account of the Falcidian Law. It appears, however, that this opinion will be productive of hardship, for as the father considered the land as a debt due to his children, he was necessarily obliged to leave it to them.

Marcellus, Digest, Book XV. An heir, at the request of Stichus, who had received his freedom and the estate in trust under the same will, entered upon the said estate, which he suspected of being insolvent, and Stichus afterwards died before he was in default in accepting the estate, and left Titius his heir. I ask whether, under the Decree of the Senate, actions will lie against Titius if he refuses to accept the estate left in trust. I answered that, while ordinarily, he who is compelled to accept an estate can immediately transfer it to the beneficiary of the trust, the Decree of the Senate, in this instance, only appears to have reference to the manumitted slave, and no mention is made of the heir. Still, it may happen that the heir will postpone the transfer; for example, where the deceased owed him money, and he preferred to retain it rather than to bring an action for its recovery. I think, however, that the same rule should apply to his heir which applies to him; for why should the former have the right to reject an estate which he from whom he inherits could not have rejected? If the freedman should die without leaving an heir, before the estate was transferred, the creditors of his estate would be permitted to sell his property, just as if he had died after the estate had been delivered. 1I ask you to give me your opinion as to whether I am right in my decision of the following question. A daughter who had been appointed heir to the entire estate of her father was charged to transfer half of the same after having deducted all the legacies and the debts, none of which were very large, in order to avoid the application of the Falcidian Law. The heir was not in default in executing the trust. I ask her to transfer the estate to me verbally, just as if I had brought suit under the Trebellian Decree of the Senate, and I hold that, on this account, interest due from the day of the death of the testator to the time when the estate was transferred can be recovered by means of the proper actions. I also make a claim with reference to the rents of the estate, because the obligation growing out of the leases forms a part of it, but I do not demand any profits from the heir; still, she desires that I refund to her the amount of the rents, or assign to her my rights of action to collect the interest and the rents, and I cannot persuade her that, under the term “estate” which she was asked to transfer to me, I am also entitled to this stipulation for interest. I gave it as my opinion that all these things are included in the term “estate,” and that in the case you refer to there is no difference between these obligations and others which are contracted under a condition, or are payable annually, or monthly. It is clear that these things are considered as the income of property included in the estate, and that, if there has been no default, the income does not belong to the beneficiary of the trust. But as the beneficiary does not, as it were, demand that the heir shall add anything to the trust, but only asks that the estate shall be transferred to him in its present condition, the heir should not, by any means, refuse to do this; for the Senate intended that the beneficiary should receive half of the estate, and be considered as occupying the place of the heir with reference to that portion of it which might be transferred to him. But if the heir should lend money of the estate at interest, or collect the income of the land, she will not be required to pay anything on this account to the person to whom the estate was left in trust, if she was not in default; for the reason that she lent the money at her own risk, and by cultivating the soil, or by gathering the crops she incurred expense, and it is not just that she should, so to speak, act as the agent of another. But when the heir receives an income from the estate in the manner which is the subject of the inquiry, no expense incurred or labor performed by the heir is involved.

Marcellus, Digest, Book XV. The person upon whom notice was served died before obtaining the withdrawal of the notice. His heir must permit his adversary to demolish the structure, for in a restoration of this kind the penalty must be paid by him who violated the Edict; but the heir does not succeed to the penalty.

Marcellus, Digest, Book XV. When an heir has been charged not to permit a certain slave to become the property of another, the slave can, immediately after having been alienated, institute proceedings to demand his freedom. Where, however, the alienation is not voluntary, but a necessity exists for it on account of some act of the testator, it is probable that the trust should not be executed, because the deceased is not supposed to have had an alienation of this kind in view.