The Same, Questions, Book XVII. “Nesennius Apollinaris to Julius Paulus. The following case actually occurred. Titia appointed her three daughters heirs to equal shares of her estate, and left them charged with legacies for the benefit of one another, but she charged one of them in such a way that the Falcidian Law would apply as well to her co-heirs as to strangers to whom other property was bequeathed.” I ask whether the Falcidian Law is applicable against her co-heirs who were themselves charged with legacies for her benefit, and, if it should not be applicable, and she is barred by an exception on the ground of bad faith, how can the computation of the Falcidian portion be made as against the foreign legatees? I answered that what is received from a co-heir, as a legacy, does not profit the legatee by releasing him from the operation of the Falcidian Law. Where, however, an heir who is obliged to pay a legacy demands something from the same person under the terms of the will, he should not be heard, if he wishes to avail himself of the benefit of the Falcidian Law against the said person, if what he is entitled to receive under the will of the testator, is equal to what he wishes to deduct from the legacy. With reference to the other legatees, it is evident that the heir will not be required to subject to the operation of the Falcidian Law all that he pays to his co-heir, but only what he actually gives him, that is, if he receives nothing from him. 1Where a slave is appointed an heir by someone, and his master is charged with a trust and the slave with a legacy, the calculation must first be made with reference to the legacy, and then the trust will be discharged out of what remains. The master, however, will only be liable for what comes into his hands, and, moreover, he will only receive what remains after the legacies have been deducted. It is clear that the Falcidian Law will apply. 2But if the master who was appointed heir fails to accept the estate and orders his slave, who was substituted for him, to do so, the legacies with which the master himself was charged must first be paid, and then, after reserving the Falcidian portion, payment should be made of those with which the slave was charged. 3Where a release from his obligation is bequeathed to a debtor, even though the latter may not be solvent, the entire legacy must be computed, although the bequest of the claim cannot increase the estate except in the event of payment. Therefore, if the Falcidian Law is applicable, what was bequeathed to the debtor will be held to have increased the amount of the legacy. The other legacies will also be diminished by this one, and it will be diminished by the others; for the debtor is considered to receive the legacy by the mere fact of his being released from liability. 4Where, however, the claim is bequeathed to a third party, the legacy is void, and it will not be liable to contribution with the others.

Paulus, Questions, Book XVII. A woman sentenced to the mines brought forth a child which she had previously conceived, and was afterwards restored to her rights by the Emperor. It is more humane to hold that the rights of relationship were also restored to her.

The Same, Questions, Book XVII. Whenever a succession belongs to anyone by a double right, if the more recent one should be rejected, the older one will remain.