Marcianus, Institutes, Book IX. Where proper cause is shown, a guardian may be appointed for a minor who has not arrived at puberty, for the purpose of permitting him to enter upon an estate.

The Same, Institutes, Book IX. Where freedom is absolutely granted to a slave, and an estate is left to him conditionally under a trust, the heir will be compelled to accept the estate and transfer it, even if he alleges that he has reason to believe that it is insolvent; and the slave cannot be deprived of his freedom even if the condition should not be complied with. 1If an estate should be left under a trust to a slave who is to receive his freedom within a certain period, the Divine Pius stated in a Rescript addressed to Cassius Hadrian that the heir cannot, in the meantime, be compelled to enter upon the estate if he should consider it to be insolvent, as freedom cannot yet be granted to the slave; nor, on the other hand, can freedom be bestowed upon him in opposition to the will of the deceased. 2Where an heir is appointed under a condition, and is asked to transfer the estate, but is unwilling to comply with the condition and enter upon the estate, if the condition consists of an act he must perform it, and transfer the estate; or, if it consists of giving something, and the beneficiary of the trust should tender it, but the heir should refuse to discharge his obligation, permission will be given to the beneficiary to act instead of the heir, and then the necessity to enter upon the estate will be imposed upon him. Other conditions, which are not in the power of the heir, do not come within the jurisdiction of the Prætor.

Marcianus, Institutes, Book IX. Where a slave is manumitted under the terms of a trust, he becomes the freedman of the person who manumits him, and the latter can, as his patron, claim his estate, and can obtain prætorian possession of it contrary to the provisions of the will, as well as acquire it ab intestato; but no services can be imposed upon him, nor, if they have been imposed, can they be exacted. 1If, however, a father, at his death, should bequeath a slave to his son, and request the latter to manumit him, with the understanding that he shall have the full right of patronage over him, it may be maintained that he can afterwards legally impose services upon the said slave.

Marcianus, Institutes, Book IX. A donation mortis causa is one where the party wishes to retain the property himself instead of transferring it to him to whom he donates it, but prefers that the donee shall have it rather than his heir. 1Telemachus gives a donation of this kind to Piræus, in Homer.

Marcianus, Institutes, Book IX. A donation mortis causa can be made whether the party executes a will or not. 1Ad Dig. 39,6,25,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. III, § 676, Note 17.A son under paternal control, who cannot make a will even with the consent of his father, can, nevertheless, make a donation mortis causa, if his father permits him to do so.

The Same, Institutes, Book IX. Not only he who was requested to manumit a slave can give him his freedom, but his successors, whether they are such by purchase or by any other title, can do so. If, however, he should have no successor, the slave will escheat to the Treasury in order to obtain his freedom. 1Moreover, he who is requested to manumit a slave, can do so at a time when he is forbidden to alienate him. 2Where anyone is requested to manumit the slave of another, and a certain sum of money has been bequeathed to him to purchase and manumit the slave, and his master is unwilling to sell him, the legatee shall retain the legacy in accordance with the will of the deceased. 3Where freedom is bequeathed by a trust to a slave, the latter is, to some extent, in the position of a freedman, and occupies the place of a slave to be free under a condition, and all the more, because he must not be transferred to another in such a way that his freedom will be prevented, or he will be exposed to more severe rights of patronage. 4It is provided by the Dasumian Decree of the Senate that if the person who is charged with the grant of freedom should be absent for some good reason, and such a decision is rendered by the Prætor, the slave will be entitled to his freedom; just as if he had been regularly manumitted according to the terms of the trust. 5A person is understood to be absent who does not appear in court. 6And for the reason that provision had only been made for the absence of heirs, it was added in the same Decree of the Senate that when anyone is charged with the grant of freedom, and has been pronounced to be absent for any good cause whatsoever, the result will be the same as if the slave had been regularly manumitted in accordance with the terms of the trust. 7It is, however, provided by the Articuleian Decree of the Senate that the Governors of provinces shall have jurisdiction in cases of this kind, although the heir may not reside in the province. 8Where anyone is asked to manumit a slave who does not form part of the estate, but is his own property, the slave will obtain his freedom under the Juncian Decree of the Senate, after the decision has been rendered. 9The Divine Pius stated in a Rescript that where anyone is absent for some good reason, or conceals himself, or, if present, is unwilling to manumit the slave, he shall be considered as being absent. 10It is stated by the same Decree of the Senate that a purchaser shall also manumit the slave. 11A co-heir, who is present, can manumit the slave just as if he had acquired from his co-heir the share of the latter in the slave. It is said that the same Emperor stated in a Rescript that this rule will apply to a co-heir who is a minor under the age of puberty and was not asked to manumit the slave. 12When anyone is requested to manumit a slave, in order to marry her, he should not be compelled to contract marriage with her, but it will be sufficient if he grants her her freedom.