Paulus, On the Edict, Book LXXV. If the sureties are declared to be sufficient by the arbiter, they must be considered as solvent, because otherwise a complaint could be brought before a competent judge. 1Where a party, for any reason, rejects sureties approved by the arbiter, or accepts others who have been rejected, much more should he be content with those whom he accepted of his own will. If, in the meantime, any great calamity should befall the sureties, or they should be reduced to great poverty, where proper cause is shown other security must be given.

Paulus, On the Edict, Book LXXV. Where several parties are substituted, a bond must be given for each one of them.

Paulus, On the Edict, Book LXXV. For the usufructuary must be responsible for its safe keeping.

Paulus, On the Edict, Book LXXV. The same rule is applicable to the returns from land, as for instance, where a vintage or a harvest is bequeathed; just as property obtained by means of an usufruct, if bequeathed, reverts to the heir on the death of the legatee.

Paulus, On the Edict, Book LXXV. If the usufruct is bequeathed to you, and the mere ownership to me, security must be given to me; but where the mere ownership is bequeathed to me on a condition, some authorities, and among them Marcianus, are of the opinion that security must be given both to the heir and to myself; Which opinion is correct. Moreover, if the property is bequeathed to me, and when it ceases to belong to me, will belong to another; in this case also security must be given to both, as we established in the preceding instance. Where the usufruct is bequeathed to two parties jointly, they will be required to give security to another, as well as to the heir; the condition being referred to in the following terms: “To surrender the usufruct to the heir, if it does not belong to the co-legatee”.

Paulus, On the Edict, Book LXXV. Whenever several articles are specifically mentioned in a legacy, there are several legacies. Where, however, only one kind of property, as furniture, silver plate peculium, or certain utensils are bequeathed, there is but one legacy.

Paulus, On the Edict, Book LXXV. Even if he consented to pay the value of the property,

Paulus, On the Edict, Book LXXIII. Again, this security must be given where there appears to be good reason for it, as it would be unjust for it to be required where no controversy has as yet arisen with reference to the estate, and where only idle threats have been made, and therefore the Prætor must decide the question after proper investigation. 1Where each of two parties claims the entire estate for himself, under the will, for example, where they are both of the same name, actions can be brought by the creditors as well as the legatees against both the party in possession, and the one who demands the estate. 2This security is necessary where anyone pays his own money or delivers his own property. If he pays money or delivers property belonging to the estate, some authorities hold that security need not be furnished, for if he loses his case he will not be liable, since he was not in possession and did not commit fraud to avoid having possession. If he should make payment before any controversy has arisen, this rule will apply; because if he made payment afterwards he would be liable on the ground of negligence. 3In the case of two persons having the same name, the question arises whether security must be furnished by him who transfers the property of the estate, for the reason that one of them is absolutely released from liability, just as if he had paid a debt due from the estate. If the party claiming the estate paid his own money, or delivered his own property, he will not have anything to retain, and therefore a bond must be given him.

Paulus, On the Edict, Book LXXV. This bond also applies to a legacy which is payable immediately, as judicial proceedings give rise to some delay. 1If the legatee has received security from the appointed heir for the payment of his legacy, and has been charged with a trust under the Trebellian Decree of the Senate, both stipulations will take effect; but the heir can protect himself by an exception, because he is not obliged to give security. If, however, a portion of the estate has been transferred, security must be given by each of the parties. 2This stipulation is also applicable where a trust is to be executed ab intestato.

The Same, On the Edict, Book LXXV. In the discharge of an obligation, it must be remembered that there are four things to be considered: for sometimes we can recover something from each individual heir; and sometimes it is necessary to bring suit for the whole property, which cannot be divided; and again, an action can be brought for a part of the property, while the debt cannot be paid unless in its entirety; and there are instances where an action must be brought for all the property although the claim may admit of a division of payment. 1The first case has reference to the promisor of a certain sum of money, for both the demand and the payment depend upon the hereditary shares of the estate. 2The second case applies to some work which the testator ordered to be done. All the heirs are liable conjointly, because the effect of the work cannot be divided into separate parts. 3If I should stipulate that nothing shall be done either by you or your heir to prevent me from using a right of way, and that, if you should do so, you shall pay a specified sum of money, and one of several heirs of the promisor prevents me from using the right of way, the opinion of the best authorities is that all the heirs will be bound by the act of one of them, because, although I am prevented by one alone, I am still not partially prevented, but the others can be indemnified by an action in partition. 4The claim can be demanded in part, where all must be paid, as, for instance, where I stipulate for a slave who is not specifically designated, for the claim is divided, but it cannot be discharged except in full; otherwise this might be effected by the transfer of parts of different slaves, which the deceased could not have done, to prevent me from obtaining what I stipulated for. The same rule will apply, if anyone should promise ten thousand sesterces or a slave. 5An action can be brought for the entire amount, and payment of a part will bring about a release, when we institute proceedings on account of eviction; for the heirs of the vendor should all be notified together, and all of them must defend the case, and if one of them does not do so, all will be liable, but each one will only be required to pay in proportion to his share of the estate. 6Likewise, if a stipulation was made as follows, “If the Titian Estate is not transferred, do you promise to pay a hundred aurei?” the penalty of a hundred aurei will not be incurred, unless the entire estate is transferred, and it is of no advantage to convey the remaining shares of the land, if one of the parties refuses to convey his share; just as the payment of a part of a debt to a creditor is not sufficient to release the property pledged. 7If anyone, who will become liable under a certain condition, prevents the condition from being fulfilled, he will, nevertheless, be liable.

Paulus, On the Edict, Book LXXV. No one can legally stipulate for something which is his, in the event that it will belong to him.

Paulus, On the Edict, Book LXXV. Prætorian stipulations are often interposed when, without the fault of the stipulator, the security ceases to exist.