Modestinus, Differences, Book VIII. Where a legacy is left to be paid every year, or every month, or a legacy of habitation is bequeathed, it is extinguished by the death of the legatee; but where there is a change of condition it continues without interruption, for the reason that a legacy of this kind is rather dependent upon fact than upon law.

Modestinus, Differences, Book VIII. If, however, he taught the slave some trade, then, after the latter has reached the age of twenty-five years, the expenses incurred in doing so may be set off.

Modestinus, Differences, Book VIII. It must be held that the Edict of the Curule Ædiles has no reference to property which is donated. For why should the donor bind himself to take back anything when no price is involved in the transaction? But what if the property has been improved by the party to whom it was given? Can the donor be sued for the value of the improvements? It must be said that this is by no means the case, for the donor should not suffer a penalty on account of his liberality. Therefore, where anything is given away, it will not be necessary for those guarantees to be given which the Ædiles require where property is sold. It is clear that the donor ought to bind himself (and he usually does so) with reference to fraud, in order that he may not, with fraudulent intent, revoke what he bestowed by way of kindness.

Modestinus, Differences, Book VIII. If a testator, during his lifetime, should give away to another the property which he had bequeathed, the legacy will be absolutely extinguished, nor do we make any distinction as to whether he disposed of his property through necessity, or merely through inclination; so that if he gave it away through necessity, the legacy will still be payable, but if he disposed of it merely through inclination, it will not be payable. This distinction, however, will not apply to a party who makes a donation through liberality, for no one is liberal when impelled by necessity.

Modestinus, Differences, Book VIII. It is perfectly equitable that he who has promised a sum of money, or anything else, for the purpose of making a donation, shall not be liable for interest on account of delay in paying the money; and this is especially the case where the donation is not included in the class of bona fide contracts.