Paulus, Questions, Book XXI. Where a codicil is made without a will having been drawn up, the successor of the deceased, even though he was born after the codicil was executed, will owe whatever legacies were bequeathed by the same; for the codicil is valid, no matter who the heir may be who is entitled to the intestate succession; for only one case was taken into consideration, and it does not make any difference who obtains the estate, provided he succeeds ab intestato. The codicil depends upon the will, if one was made, no matter at what time this was done. And (in order that I may express myself more clearly) where the head of a household dies intestate, the codicil requires no confirmation, but takes the place of a will. Where, however, a will has been made, the codicil is governed by the same law.

The Same, Questions, Book XXI. Where anyone leaves freedom to his slave by the terms of a trust, and bequeaths him something else, as well, certain authorities say that, because it has been decided that the slave should be manumitted by the heir, the result will be that he cannot be permitted to profit by the trust. This, however, is unjust, for, with reference to a person of this kind, the delivery of both the grant of freedom and the money can be demanded at the same time, and therefore, I think that if the heir should be in default in granting freedom to the slave, he should also be considered in default, so far as the execution of the trust is concerned, and hence he will be subjected to the payment of interest; for it has been most justly held that everything which a slave may have acquired for his master, while the latter was in default in granting him freedom, should be restored to him.

Paulus, Questions, Book XXI. It is established that where legacies are payable annually, they are multiple, and the right of the legatee to each bequest should be regularly investigated. Where the legacy is left to a slave, the capacity of his master to take it, should also be inquired into.

Paulus, Questions, Book XXI. Where several appointed heirs are charged with a right of way, each of them can be sued for the entire right, because the servitude cannot be divided, for each can claim his legacy, even where only one of the heirs enters upon the estate.

The Same, Questions, Book XXV. When a slave is bequeathed, and something is left to him, and he afterwards should be sold, and deprived of what was bequeathed to him, the revocation will be valid, because the legacy will take effect if the slave should be repurchased. 1Where a slave is bequeathed, and is manumitted during the lifetime of the parties, and he is deprived of his legacy, the deprivation will be of no force or effect; therefore he can take the legacy bequeathed to him, for, even if he should again be reduced to slavery, his legacy will still not be revived, for he is considered to be a new man.

Paulus, Questions, Book XXI. Julius Paulus to Numphidius, Greeting. Where the following was provided by a will: “If Stichus should render his accounts, let him be free, along with his wife; and let my heir pay him ten aurei;” and Stichus should die before rendering his accounts, whether they balanced, or he owed something, you. ask if the woman would become free, and whether we should have the same understanding with reference to the legacy. Freedom being dependent upon rendering his accounts, this condition is required of the slave in order to show the good faith of his administration, as he seems to have been ordered to account for any balance, in his hands if there was any, and if there was none, both the parties will be held to be absolutely entitled to their freedom; and if the slave should die after the estate was entered upon, both having obtained their freedom, they will also be entitled to the legacy. If, however, the slave should die with a balance in his hands unaccounted for, his wife will not be considered to have obtained her freedom, which was dependent on the same condition which was not fulfilled. It may not, however, improperly be said, that while Stichus was manumitted under a certain condition, his wife was absolutely manumitted, and that the same condition did not apply to her, but was only mentioned through the necessity of designating their union. 1A condition is considered to have been complied with where the party who will be indebted if it is complied with is responsible for this not being done.

Paulus, Questions, Book XXI. An heir was charged as follows: “I ask you to give Titius the tract of land which I have already requested you to give him.” If Titius is not capable of receiving the land, the heir cannot escape the penalty of an implied trust; for it is not publicly left, as it cannot be learned what it is from reading the will. In like manner, he does not openly make a bequest who does so as follows, “I ask you, my heirs, to faithfully execute what I have requested of you.” And, indeed, in the first instance, the testator apipears to have meditated a greater fraud, as he not only intended to evade the law, but also its interpretation with reference to implied trusts; for although he mentioned a tract of land, it cannot be known with the transfer of which one the heir was charged, as the want of identity of the property renders the devise obscure. 1Where a patron charges himself with a secret trust, in order that he may pay it out of his own share, he is not said to have committed a fraud, because it was taken out of his own property.