The Same, Questions, Book V. It was established by the ancients that where an agreement was obscure or ambiguous, it must be construed against a vendor and a lessor, because it was in their power to have stated the terms of the contract more clearly.

Papinianus, Questions, Book V. A father emancipated his son, and retained his grandson under his control; the son subsequently had another son, and then died, after having disinherited both sons, and omitted any mention of his own father in his will. In an inquiry as to whether the will was inofficious or not, the interest of the sons must take precedence, and the intentions of the father of the deceased remains for consideration; but if judgment is rendered against the sons, then the complaint of the father can be examined, and he can institute proceedings.

Papinianus, Questions, Book V. Paulus says that when anyone is appointed under a condition, and is recognized as capable of holding possession of the estate, he will be compelled to give security to the substitute, but for a more remote date. For the Prætor does not wish the benefit which he confers to become a source of deceit, and a man can seem to demand security for the purpose of annoyance, when another precedes him. 1When a legacy has been bequeathed to Mævius and to Titius, under opposite conditions, security is furnished to both of them, because both expect a legacy under the will of the deceased.

The Same, Questions, Book V. It has been decided that a son under paternal control can, without the consent of his father, accuse his wife of adultery in a public action, for he avenges his own suffering.