Paulus, On Sabinus, Book II. When anyone adopts a grandson as if he were born to his own son over whom he has control, with the consent of the latter, he does not become a proper heir of his grandfather; as, after the death of the grandfather he comes, as it were, under the control of his father.

Paulus, On Sabinus, Book II. There are three kinds of changes of condition, the greatest, the intermediate, and the least; as there are three conditions, which we may have, namely, those of freedom, citizenship, and family. Therefore, when we lose all of these, that is to say freedom, citizenship, and family, the greatest change of condition ensues; but where we lose citizenship and retain freedom, intermediate loss of condition occurs; and when freedom and citizenship are retained, and only the family position is altered, it is established that the least change of condition takes place.

Paulus, On Sabinus, Book II. He who is absent in the service of the State and is injured in any way will not be granted restitution if he suffered the injury under circumstances where he would have sustained loss, even if he had not been absent on public business.

Paulus, On Sabinus, Book II. If I direct you to purchase a tract of land, and afterwards write to you not to do so, and you have made the purchase before you learned that I had countermanded it; I will be liable to you in an action on mandate, because he who undertook to execute the mandate should not suffer loss.

Paulus, On Sabinus, Book II. In the case of proper heirs, it is perfectly evident that a continuation of ownership legally remains, so that there appears to be no succession; since those should be held to be the owners of the estate who, during the lifetime of their father, were already considered to occupy that position. Wherefore, the son of a family is so called, just as a father is styled the father of a family, so that it is only by the prefix that the parent is distinguished from the child. Hence, after the death of the father, the children are not considered to have obtained the inheritance, but rather to have acquired the free administration of the property. For this reason they are owners, even though they have not been appointed heirs, for there is no reason why he should not possess the right of disinheriting those whom he formerly had the right to put to death.

Paulus, On Sabinus, Book II. Where a son is a captive in the hands of the enemy, his father can legally make a will and pass him over; but if the son was under paternal control, the will will be void.

Paulus, On Sabinus, Book II. Where a father is taken captive by the enemy, and his son retains his citizenship, the father’s will is not broken by his return.

Paulus, On Sabinus, Book II. Where unequal shares in an estate were bequeathed by a testator, and he added, “Let those heirs to whom I have allotted unequal portions share equally”; it should be held that they do share equally, provided this clause was inserted before the completion of the will.

Paulus, On Sabinus, Book II. It makes no difference to what place an heir to whom no portion of the estate has been given is assigned, whether to the first, the intermediate, or the last. 1Where the fourth of an estate has been left to a person who is already dead, and the remaining three-fourths to another, and a third part was mentioned without any share of the estate being allotted to him, Labeo says that the one who was appointed heir without any share will be entitled to half of the doubled shares of the estate, and that this was the intention of the testator. Julianus also approves this opinion, and it is correct. 2Where a person who is living and one who is dead are appointed joint-heirs to half of an estate, and a third party to the other half; he says that they will be entitled to equal shares, because the share assigned to the deceased is considered as not having been mentioned.

Paulus, On Sabinus, Book II. Where several conditions together are imposed upon an heir, all of them must be complied with, for the reason that they are considered as one; where, however, they are imposed separately, each must be complied with by itself.

Paulus, On Sabinus, Book II. Anyone who has the right to acquire an entire estate cannot, by dividing it, accept only a portion of the same.

Paulus, On Sabinus, Book II. Where a ward is competent to act for himself, even though he may be of such an age as to be unable to understand the meaning of the acceptance of an estate (although a boy of this age is not supposed to know, or to be able to decide anything, any more than an insane person) he can, nevertheless, acquire an estate by the authority of his guardian; for this privilege is granted to wards by way of favoring them.

Paulus, On Sabinus, Book II. The same rule also applies where an estate descends by law to children.

Paulus, On Sabinus, Book II. Anyone who can acquire an estate can also reject it.

Paulus, On Sabinus, Book II. If anyone entitled to the legitimate succession, believing that the deceased was his slave should, in consequence obtain his peculium, it is held that he will not be liable to the estate. We therefore say (as Pomponius holds), that the same rule applies if he should take possession of the estate of one whom he thought to be his freedman, when, in fact, the latter was freeborn. For, as anyone by acting in the capacity of heir, renders himself liable to the estate, he should ascertain under what title the said estate belongs to him; for example, if the next of kin is appointed heir by a valid will, and before the latter is produced, and while he thinks that the testator died intestate, even though he should act in every respect as the owner, he, nevertheless, will not be the heir. The same rule of law will apply where he is appointed heir by a will not properly executed, and the latter having been produced, he thinks that it is legal, still, he will not acquire the estate; even though he should administer all the property belonging to it as the owner thereof.

Paulus, On Sabinus, Book II. If I am appointed an heir together with my slave or my son, and I order my son or my slave to enter upon the estate, Pomponius says that I will immediately become the heir through my own appointment. Marcellus and Julianus both concur in his opinion.

Paulus, On Sabinus, Book II. Where an heir is appointed along with a posthumous child, the remainder of the estate bequeathed to the latter will accrue to the other heir, if it is certain that the woman is not pregnant, even though the heir may be ignorant of the fact.

Paulus, On Sabinus, Book II. Hence, if the same slave was given a substitute in the following terms: “If he should not be my heir, let So-and-So be my heir”, the substitute will be excluded from the succession.

Paulus, On Sabinus, Book II. A master can reject a legacy bequeathed to his slave.

Paulus, On Sabinus, Book II. Julianus holds that a choice cannot be made by a son under paternal control, without the consent of his father; nor before he has accepted the estate.

Paulus, On Sabinus, Book II. A ward can comply with a condition without the authority of his guardian. Let no one be apprehensive for the reason that, when the condition has been fulfilled, he may, in some cases, become the necessary heir, as he will become such by the right of paternal control, and not through the fulfillment of the condition. 1Likewise, a slave or a son under paternal control can comply with a condition without the order of his father or his master, because no one is defrauded by his own act.

Paulus, On Sabinus, Book II. Legacies, with which a substitute is charged, take effect from the death of the father, even though the minor be living.

Paulus, On Sabinus, Book II. Ignorance of the law is of no advantage in preventing the claim from being barred by lapse of time, in the case of prætorian possession of property. Hence, the time begins to run, so far as the appointed heir is concerned, even before the will has been opened; for it is enough for him to know that the testator is dead, and that he is his next of kin, and had access to persons of whom he could ask advice. For, in this instance, knowledge is not understood to be such as is possessed by persons learned in the law, but such as anyone whosoever may possess, or can acquire by applying to others who are more learned than himself.

Paulus, On Sabinus, Book II. Children, even those who have lost their civil rights, are called to the possession of an estate under the Edict of the Prætor, unless they have been adopted, for the latter lose the name of children after emancipation. If, however, they are natural children, and have been emancipated and adopted, and emancipated a second time, they retain their original character of natural children.

Paulus, On Sabinus, Book II. In the following stipulation, “If you do not deliver Stichus on the kalends, do you promise to pay ten aurei?” the slave having died, the question arises whether the action can be brought immediately before the kalends? Sabinus and Proculus hold that the plaintiff must wait until the day, which is the better opinion, for every obligation has reference to a condition and an appointed time, and although the condition seems to have been fulfilled, still the time for performance has not yet arrived. But with reference to one who promises as follows, “If you do not touch the sky with your finger before the kalends,” we can proceed immediately. This opinion was also adopted by Marcellus.

Paulus, On Sabinus, Book II. If a son, while at home, enters into a stipulation, he is considered to have acquired for the benefit of his father on the return of the latter from the hands of the enemy.

Paulus, On Sabinus, Book II. If I should give myself to be arrogated by you, and I should afterwards be emancipated, it is established that when my son returns from captivity, he will be considered as your grandson.

Paulus, On Sabinus, Book II. Those who, having been conquered by force of arms, surrender to the enemy, are not entitled to the right of postliminium.

Paulus, On Sabinus, Book II. The following words, “The very best and greatest possible,” may have reference to a single person. Likewise, the last will mentioned in the Edict of the Prætor has reference to the only will. 1Under the term “child” a girl also is included, for women who have recently brought forth children are called puerperse, and are generally styled by the Greeks.

Paulus, On Sabinus, Book II. In business transactions, the condition of an insane person is one thing, and that of a minor beyond the age of infancy is another, although neither may perfectly understand what is required of him, for an insane person cannot transact any business whatever, but a minor can attend to anything of this kind with the authority of his guardian.