Ad Dig. 20,1,22Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 26, Note 3; Bd. I, § 230, Note 9.Modestinus, Differences, Book VII. Where anyone, without my knowledge, pledges my property to Titius, his creditor, and I become the heir of Titius, the pledge, which indeed was not valid at first, does not immediately become so, but an equitable action on pledge will be granted to the creditor.

Modestinus, Differences, Book VII. A father can appoint a guardian for his son whether he has appointed him his heir, or disinherited him. A mother, however, cannot do this, unless she has constituted her son her heir, as a guardian is held to have been appointed rather with reference to property than to the person. It is necessary for the party appointed by the will of the mother to be confirmed only after examination, since, where he is appointed by the father—even though this has been done with the omission of some legal formalities—he will still be confirmed without any examination, unless the reason for his appointment appears to have been changed; for instance, where from a friend he has become an enemy, or where having previously been rich, he has become poor.

Modestinus, Differences, Book VII. A guardian cannot be appointed for an unborn child by the magistrates of the Roman people, but a curator can be; for this is provided by the Edict relating to the appointment of a curator. 1The rule of law does not prevent another curator from being appointed for a person who already has one.

Modestinus, Differences, Book VII. The petition of a mother for the appointment of a guardian for her children, but not for the appointment of a curator for them, shall be considered; unless where the appointment of a curator is requested for a child under the age of puberty.

Ad Dig. 35,1,52Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 93, Note 4.The Same, Differences, Book VII. It sometimes happens that certain provisions in a will, when explicitly stated, are disadvantageous, although if they could be tacitly understood this would not be the case. This occurs where a legacy is bequeathed to someone as follows, “I give and bequeath ten aurei to Titius, if Mævius should ascend to the Capitol.” For although the choice is left to Mævius as to whether he will ascend to the Capitol or not, and therefore cause the legacy to be payable to Titius, still, a legacy cannot be legally bequeathed in these terms, namely, “I give ten aurei to Titius if Mævius should consent,” as a legacy cannot be made dependent upon the will of another; hence it has been said that testamentary provisions specifically stated cause injury, but those expressed in general terms do not.

Modestinus, Differences, Book VII. Although the children of a patron are, in many instances, considered to enjoy the same rights as the person who manumitted the slave, still, they cannot assign a freedman of their father to their own children, even if he has been assigned to them by their parents. This opinion is adopted by both Julianus and Marcellus.

The Same, Differences, Book VII. Things clearly stated are prejudicial; others are not.