Paulus, On Plautius, Book XII. When the heir is in doubt as to whether the deceased died in the hands of the enemy, or as a Roman citizen at home, since in both cases he has the right to enter upon the estate, and is in a condition to do so, it must be said that he can enter upon it.

The Same, On Plautius, Book XII. If an heir thinks that he was ordered to pay ten aurei, when in fact he was ordered to pay five, and he pays ten, he will become the heir by entering upon the estate. 1But if he thinks that he was ordered to pay five, when he was ordered to pay ten, and he pays five, he does not comply with the condition. This, however, will be of some advantage to him, for if he should pay the remainder, the condition will be held to have been complied with by the payment of the other five aurei. 2Where a freeman serves as a slave in good faith, and enters upon an estate by the order of his supposed master, he will not become liable. 3The position of a slave who is to be liberated upon a certain condition is similar to the one where he is ordered by the heir to enter upon an estate, and does so after the condition upon which his freedom depends has been fulfilled, even if he is not aware of it. 4Where a slave has been appointed heir by someone, there is some doubt whether he is entitled to his freedom by virtue of the will of his master, when he does not know whether the condition upon which his freedom depends has been fulfilled or not; or where the estate has been accepted, whether he can become the heir by entering upon the same. Julianus says that he will become the heir.

Paulus, On Plautius, Book XII. The same rule applies where a dowry is left as a preferred legacy to a wife, and she dies at the same time as her husband.

Paulus, On Plautius, Book XII. As the Senate, in the time of the Divine Marcus, permitted bequests to be made to corporations, there is no doubt that if a bequest is made to a body which has a legal right to assemble, the latter will be entitled to it. However, a legacy left to one which has no right to assemble will not be valid, unless it is specially left to the members composing the same, for the latter will then be permittted to receive the legacy, not as an association, but as separate individuals.

The Same, On Plautius, Book XII. Plautius: I devised a tract of land to a slave whom I had already bequeathed to you. Atilicinus, Nerva, and Sabinus think that the Falcidian portion should be first calculated with reference to the slave, and whatever part should be deducted from his value ought not to be considered, so far as the land which was devised was concerned; and then the Falcidian portion should be deducted from the remainder of the land, just as is the case with all legacies. Cassius says that as soon as the Falcidian portion is deducted, the slave begins to become the common property of the heir and the legatee. When, however, a legacy is made to a slave held in common by him and another, the entire legacy will belong to the other joint-owner, because it can only be valid with reference to his person; for which reason the deduction of the portion authorized by the Falcidian Law can be made from the land but once. Paulus: We adopt the opinion of Cassius, for the Divine Pius stated in a Rescript that where the slave was made the beneficiary of the trust, under these circumstances the entire bequest would belong to the joint-owner. 1It sometimes happens that a second legacy is extinguished on account of the Falcidian Law; as, for example, where a tract of land and a right of way through another tract to give access to it is granted. For if a part of the land should be retained by the heir under the Falcidian Law, the devise of the right of way cannot stand, because a servitude cannot be partially acquired.

The Same, On Plautius, Book XII. Freedom can be granted to a slave by will as follows, “Let him be free when he has a right to be so by law.”