Modestinus, Rules, Book IX. A person is considered to be absent in the service of the State as soon as he has left the City, although he may not have yet reached the province; and when he has gone, he is held to be absent until he returns to the city. This is applicable to Proconsuls and their Deputies, as well as those who preside over provinces, to the Imperial Procurators who occupy positions in the provinces, to military tribunes, prefects, and the attendants of envoys, whose names are inscribed in the books of the Treasury, or in the Imperial registers.

The Same, Rules, Book IX. Where an usufruct is left by will on condition of paying the taxes on the property, there is no doubt that the usufructuary must pay them; unless it is proved that the testator provided expressly by means of a trust that they should also be paid by the heir.

Modestinus, Rules, Book IX. Where one of a number of joint-heirs purchases from a creditor a tract of land which had been given in pledge by the testator, he should not be sued by his co-heirs in an action for the partition of common property.

Modestinus, Rules, Book IX. A slave, even though he belongs to another person, is not prohibited from drawing up a will by order of the testator.

Modestinus, Rules, Book IX. Where a slave is appointed an heir under a certain condition, he cannot comply with the condition without the order of his master.

Modestinus, Rules, Book IX. Where the estate of a soldier is not entered upon in accordance with the evident desire of the testator, the heirs will not be entitled to his property acquired while in the service.

The Same, Rules, Book IX. It is not forbidden to complain of an inofficious testament, and to avenge the death of the defunct at the same time. Paulus rendered this opinion.

Modestinus, Rules, Book IX. Where only a portion of the property of the deceased is bequeathed, as, “Such-and-such articles of my estate which will belong to me when I die”, the dowry and the value of the manumitted slaves must be deducted from the assets of the estate.

The Same, Rules, Book IX. Everything which is left by will without fixing a time or prescribing a condition must be delivered upon the day when the estate is entered upon. 1When a legatee obtains possession of land, before the condition under which it was to have been delivered by the heir has taken place, the heir can recover it, together with the crops. 2Where a legacy is bequeathed as follows, “I devise to So-and-So such-and-such a tract of land, with everything that is thereon,” the slaves found there will also be included. 3Where a bequest is made as follows, “I bequeath whatever is in my granary,” and the party to whom it is left has placed in the granary certain articles for the purpose of increasing his legacy, without the knowledge of the testator, what he placed there will be held not to have been bequeathed. 4Where a legatee has been charged “To deliver his legacy to another,” and the legatee should die, the heir will be obliged to deliver the property bequeathed. 5Where certain articles which are specifically mentioned are bequeathed, but are not found, and this is not due to the bad faith of the heir, they cannot be claimed under the will. 6Ad Dig. 31,32,6Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. III, § 637, Note 5.Where property is left in trust to the family of the testator, those can be admitted to claim it who have been expressly mentioned, or if all of them are dead, those who, at the time of the death of the testator, bore his name, and their descendants in the first degree; unless the deceased especially included others in his will.

The Same, Rules, Book IX. When a slave, who ordinarily dwelt on a tract of land, takes to flight and the land is devised in the condition in which it is, the slave will form part of the legacy, even though he should be caught after the death of the testator.

Modestinus, Rules, Book IX. Where a certain weight of gold or silver is bequeathed, and the kind is not indicated, not the material itself, but its value at the present time must be delivered.

Modestinus, Rules, Book IX. If we make a bequest as follows, “Let my heir be charged to release from liability So-and-So, who has transacted my business, and not to exact anything from him which he may be obliged to pay to, or do for me,” the heir will be charged not to collect any money from the legatee which has been lent to him. It is, however, hardly credible that, by a legacy of this kind, the testator intended there should also be bequeathed to the legatee whatever was due from him to his slaves as their peculium.

The Same, Rides, Book IX. Where an heir has been declared unworthy, and deprived of an estate, any rights of action which may have been merged cannot be restored to their original condition.

Modestinus, Rules, Book IX. The heir is not prevented from claiming the benefit of the Falcidian Law, even a long time after the death of the testator.

The Same, Rules, Book IX. Sons who refuse to accept the estates of their fathers do not lose their rights over the freedmen of the latter. The same rule applies to an emancipated son. 1Some masters, who do not retain their rights as patrons over the property of their freedmen, are excepted by the law, as in the case of one who has been condemned to death, and has not been restored to his civil rights; or one who has been the informer of a crime committed by his freedman; or where a son, over twenty-five years of age, has accused a freedman belonging to his father of a capital crime.

The Same, Rules, Book IX. It is a rule of law that the property of a mother dying intestate belongs to all the children, even if they are the issue of different marriages.

The Same, Rules, Book IX. If a female slave, who is pregnant, should suffer delay in being manumitted, not through the intention of the person charged with this duty, but accidentally, her child will not be free; but the person who should have manumitted the said slave will be compelled to deliver the child to its mother, in order that through her it may obtain its freedom.

The Same, Rules, Book IX. Where freedom has been granted to a slave by a will, under the condition that he renders his account, the heir can not only require a written account, but also one of any business which has been transacted without having been committed to writing. 1Where a slave was ordered to obtain his freedom after having rendered his account, he will still become free even if he has not transacted any business.