The Same, Opinions, Book XII. Titius appointed an heir by will, and having a son disinherited him, as follows: “Let all my other sons and daughters be disinherited.” Paulus was of the opinion that the son seemed to have been legally disinherited. Afterwards, having been asked whether a son whom his father believed to be dead could have been held to have been disinherited, he answered that, in accordance with the case stated, the sons and daughters were specifically disinherited, but, with reference to the case of the father who was mistaken with reference to the death of his son, the point should be determined in court. 1Lucius Titius, while drawing up his last will in the City, had a granddaughter by his daughter who was at that time in the country, and pregnant, stated that her unborn child should be heir to a portion of his estate. I ask, if on the very day when Titius drew up his will in town, about the sixth hour, his granddaughter Mævia brought forth a male child in the country; whether such an appointment was valid, since at the time when the will was drawn up the child had already been born? Paulus answered that the terms of the will seemed to have reference to a great-grandchild to be born after the execution of the will; but if, as in the case stated, the granddaughter of the testator was born upon the same day on which the will was executed, and before it was drawn up, even though the testator may have been ignorant of the fact, still, the appointment must be held to have been legally made; and this opinion is in accordance with law.

The Same, Opinions, Book XII. Lucius Titius appointed as his heirs his legitimate son and a natural son, and substituted them for one another. The legitimate son, Titius, whom his father left only a year old, died after the death of his father without reaching the age of puberty, being survived by his mother, and his natural brother who was also his co-heir. I ask whether his estate will belong to his natural brother, by virtue of the substitution, or will it go to his mother. I answered that the substitution in question relates to the first case where the parties appointed are not heirs, and not to the second where one of the heirs died subsequently under the age of puberty; because double substitution cannot exist in the person of the natural son, and therefore the estate will belong to the mother of the legitimate son ab intestato. 1Paulus gave it as his opinion that, “If all the appointed heirs were substituted for one another, the portion of one of them who, after some of his co-heirs have died, rejected his share, will, by virtue of the substitution, belong to the heir alone who was living at the time”.

Paulus, Opinions, Book XII. Ad Dig. 29,2,90 pr.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. III, § 596, Note 11.Paulus holds that an estate cannot be acquired through the intervention of a curator. 1He also gives it as his opinion that if a grandson should enter upon the estate of his father who made a will disposing of his castrense peculium by the order of his grandfather, he will acquire for the benefit of his grandfather all that his father was able to dispose of by will; because castrensial property ceases to be such by the change of persons.

Paulus, Opinions, Book XII. Lucius Titius made a will as follows, “Let Aurelius Claudius, the son of such-and-such a woman, be my heir, if he proves in court that he is my son.” Paulus gave it as his opinion that the son in question did not appear to have been appointed under any condition which it was in his power to comply with, and therefore that the will was of no force or effect.