Paulus, On Sabinus, Book IV. Where the son of a family becomes a consul, or governor, he can be emancipated, or given in adoption before himself.

The Same, On Sabinus, Book IV. If anyone who has a son adopts a person as a grandson, just as if he was the son of his son, and the latter does not consent; if the grandfather should die, the adopted grandson does not come under the control of the son.

Paulus, On Sabinus, Book IV. It is also settled that he himself can be emancipated or give in adoption in his own tribunal.

Paulus, On Sabinus, Book IV. Any of his own property which the master desires to belong to the peculium, he does not at once render such, but only after he has delivered the same, or, if it was in the possession of the slave, has treated it as delivered; for property requires actual delivery. On the other hand, however, whenever he manifests unwillingness, the possessions of the slave cease to be peculium.

Paulus, On Sabinus, Book IV. Where all the slaves of the testator, together with their peculium are bequeathed to anyone, those slaves also are due who have no peculium. 1Where a son under the age of puberty is charged with a legacy dependent upon some condition, and he becomes his father’s heir, and afterwards dies, it can be said that the intention of the father who left the legacy to be discharged by his son under a condition, and charged a substitute absolutely with its payment, was that the legacy should be paid by the substitute without delay, if his son should die before the condition was fulfilled.

Paulus, On Sabinus, Book IV. For no article is included in the legacy if, when it has been given to the wife, she is afterwards deprived of it by her husband.

Paulus, On Sabinus, Book IV. Where a bequest is made to a daughter under paternal control, “When she becomes her own guardian,” it will be due when she is marriageable.

Paulus, On Sabinus, Book IV. It has been established that where silver plate is bequeathed, small money boxes of that metal do not pass to the legatee. 1Where rings are bequeathed, jewel-cases are not included.

Paulus, On Sabinus, Book IV. Beams and poles should be classed as building material, and therefore are not included in the term firewood.

Paulus, On Sabinus, Book IV. The same must be said with reference to all other property which anyone can bequeath as his own.

Paulus, On Sabinus, Book IV. Where a certain quantity of oil, without mentioning the quality, is bequeathed, it is not the practice to ask what kind of oil the testator was accustomed to make use of, or what kind of oil men ordinarily use in that neighborhood. Therefore the heir is at liberty to give to the legatee oil of any kind that he may wish.

Paulus, On Sabinus, Book IV. For where persons do not concur in this opinion, any end, or any beginning, can be taken to designate the age of wine.

Paulus, On Sabinus, Book IV. Where a tract of land furnished with everything is devised, or where it is devised with its equipment, two separate and distinct legacies are understood to have been left. 1Where land is devised with its equipment, and it has been alienated, the equipment cannot be recovered in accordance with the will of the deceased.

Paulus, On Sabinus, Book IV. With reference to flocks of sheep, the following distinction must be observed, namely, that if they were kept in order to obtain the profits from them, they will not be due under the legacy; but this will not be the case if the profits of the woodland cannot otherwise be acquired, as these profits are obtained therefrom by means of flocks of sheep.

Paulus, On Sabinus, Book IV. Neratius thinks that where a tavern with its equipment is devised, even the slaves who conduct it are included. It must, however, be considered whether a difference does not exist between the utensils of a house used for drinking purposes, and those of a warehouse for the storage of wine, as only the following are utensils of the latter, namely, casks, vats, large jars, cauldrons, pitchers for pouring out wine, and which are ordinarily passed at supper; brazen urns, large and small measures for liquids, and other things of this kind; but in the word “tavern,” as it is a commercial term, slaves who transact the business are also included. 1Neratius gives it as his opinion that where a bath is devised as equipped, it also includes the slave in charge of the same.

Paulus, On Sabinus, Book IV. Where a slave is bequeathed with his peculium, and he is either alienated or manumitted, or dies, the legacy of the peculium is also extinguished.

Paulus, On Sabinus, Book IV. Where, however, a female slave is bequeathed with her children, and either dies, or is alienated or manumitted, her children will belong to the legatee, because there are two distinct legacies.

Paulus, On Sabinus, Book IV. When peculium is bequeathed, it is well established that the heir can collect any debts due to the peculium, and be required to pay them to the legatee, over and above anything which he himself may owe to the slave.

Paulus, On Sabinus, Book IV. Anything which is due from one slave to another to whom the former is bequeathed with his own peculium, of which the legatee forms a part, is not deducted from the legacy, even though the legatee may be his fellow-slave. 1If one slave should wound one of his fellow-slaves, and, by doing so, depreciate his value, Marcellus says that there is no doubt that the amount due to the master as damages should be deducted from the peculium of the slave. For what difference is there if one slave should wound his fellow-slave, or should cut to pieces, break, or steal any other property? In this instance, his peculium will undoubtedly be diminished, but not to a greater extent than the actual amount of the injury. 2If, however, the slave should wound himself, or even commit suicide, nothing ought to be deducted from the peculium on this account. We would be of a different opinion if he should take to flight, for the amount of depreciation of his value, in consequence, should be deducted from his peculium.

Paulus, On Sabinus, Book IV. As liquids cannot be kept without receptacles, they take with them as accessories any articles without which they cannot be preserved. Vessels, however, which are accessories of the legacy of provisions, are not bequeathed. Finally, after the provisions have been consumed, the vessels which contained them will no longer be due. But even if the provisions were expressly bequeathed with the vessels, the latter will not be due after the provisions have been consumed, or the legatee has been deprived of them. 1Where provisions contained in a storehouse are left to anyone, all the provisions of the testator are not the subject of the legacy. 2Likewise, if anyone who is accustomed to sell his crops should bequeath provisions, he is not held to have left everything which he had in his hands as merchandise, but only what he had set apart as supplies for himself. But if he was accustomed to make use of what he had indiscriminately, only the quantity which would be sufficient for the annual consumption of himself, his slaves, and the other persons whom he had about him, will be embraced in the legacy. Sabinus says that this usually occurs in the case of merchants, or when a warehouse containing oil or wine which was accustomed to be sold, forms part of an estate. 3I have been informed that the term “provisions” is applicable to every kind of food. 4Where a bequest is made of provisions which are at Rome, are those bequeathed which are situated in the suburbs, or only such as are within the walls? While, indeed, almost all towns are enclosed by walls, Rome is enclosed by its suburbs, and the City of Rome is bounded by its suburbs. 5Where a legacy of provisions in a city is left, Labeo says that everything of the kind to be found anywhere should be considered as bequeathed, even articles which are at a country-seat, but are destined for urban consumption; just as we call those slaves “urban” whose services we are accustomed to make use of outside of the city. If, however, the provisions are situated outside of the City, they will, nevertheless, be considered to be at Rome, and if they are in the gardens adjoining the City, the same rule will apply. 6Where provisions, with the exception of wine, are bequeathed to anyone, all the provisions except the wine will be considered as included in the legacy. Where, however, it was set forth explicitly in a will that all provisions, except the wine which was at Rome, were bequeathed, only the provisions which were at Rome were held to be embraced in the legacy. This was stated by Pomponius in the Sixth Book on Sabinus.

The Same, On Sabinus, Book IV. Everything which can be drunk is not included in the term “provisions,” otherwise, it would be necessary for all medicines which are fluids to be included in the legacy. Hence, only such are included as are drunk for the purpose of nourishment, and antidotes do not belong to this category; as Cassius very properly remarks. 1Certain authorities deny that pepper, lovage, caraway seed, assafœdita, and other articles of this kind, are included in provisions, but this opinion is not accepted.

Paulus, On Sabinus, Book IV. The following are embraced in bequests of household goods, namely: cupboards, benches, bedsteads, beds, even such as are inlaid with silver, mattresses, coverlets, pillows, vases for water, basins, candelabra, lamps, and ladles. 1Ordinarily, brazen vessels, for example, those which are not fastened to any certain place, are included. 2In addition to these are strong boxes and coffers. Some authorities very properly hold that wardrobes and chests of drawers, if intended for the storage of clothes or books, should not be classed as household goods, because the articles for which they are designed are not included in that category. 3Glass vessels for the table, used both for eating and drinking, are included among household goods, as well as earthenware vessels, not only common ones, but also such as are of great value. For there is no doubt that silver basins and bowls, tables and bedsteads inlaid with gold or silver and set with jewels, are included in the term household goods, even to the extent that the same rule applies where they are entirely made of these precious metals. 4There is some doubt with reference to vases of iridescent glass, and of crystal, whether they form part of the household goods on account of their rarity and value, but the same rule must be said to also apply to them. 5Nor does it make any difference of what material the articles composing the household goods are made, but neither silver cups, nor silver vases are included, on account of the severity of the age, which does not admit of silver furniture. At present, however, if a silver candlestick is placed among silver-ware, on account of a misconception of ignorant persons, it will be considered to form part of it, and the error will establish the right.

The Same, On Sabinus, Book IV. With reference to tapestry, and the other coverings of seats and chairs, it may be asked whether they are included under the head of clothing, as coverlets, or under that of household goods, as pillows, which, properly speaking, are not coverlets. I think that the better opinion is that they should be classed as household goods. 1So far as cloths or linen coverings which are placed over vehicles are concerned, is there any doubt whether they should be included among household goods? It must be said that they ought rather to be classed as baggage for a journey, just as skins in which clothing is wrapped up and with the straps with which the said skins are usually fastened.

Paulus, On Sabinus, Book IV. Where those things have already been done which were imposed by way of condition, and the testator was aware that they can be done a second time, the parties must wait until they are done the second time. If, however, the testator did not know this, the legacies will be due immediately. 1It also should be remembered that ordinary conditions must be fulfilled after the death of the testator, if this is necessary in order to comply with the provisions of the will, as, for example, “If he should ascend to the Capitol,” and others of this kind. Unusual conditions can also be fulfilled during the lifetime of the testator, for instance, “If Titius should become Consul.”

Paulus, On Sabinus, Book IV. Where the peculium of a slave is bequeathed as a preferred legacy, and a sub-slave, who forms part of the peculium, is directed to be free, it is established that he will become free, for there is a great deal of difference between genus and species. For it is settled that the species can be removed from the genus, as it consists of the peculium which was bequeathed, and the sub-slave who was manumitted. 1If a slave who is bequeathed is ordered to be liberated from servitude he will become free; but where, in the first place, he is considered to be free, and he is afterwards bequeathed, if it is evident that the intention of the testator was that he should be deprived of his liberty, and as it is at present held that he will be deprived of it, I think that he will form part of the legacy. If, however, the matter is in doubt, then the more favorable opinion should prevail, and he will become free.

Paulus, On Sabinus, Book IV. Freedom granted under the terms of a trust is not due to a slave whom his master afterwards placed in chains.

Paulus, On Sabinus, Book IV. A party who confesses judgment should not have a decision absolutely rendered against him, when he acknowledged that he owes property the existence of which is uncertain.

Paulus, On Sabinus, Book IV. In all temporary actions, my liability is not ended until the last day has entirely expired.

Paulus, On Sabinus, Book IV. When I stipulate for myself or for Titius, Titius cannot bring suit, or make a novation, or give a release; he can only be paid.

Paulus, On Sabinus, Book IV. No one can be freed from liability through an agent, nor can anyone be discharged by a release without a mandate.

Paulus, On Sabinus, Book IV. Poles and stakes are classed as building material, and therefore are not included under the term “firewood.”

Paulus, On Sabinus, Book IV. Anyone who has a right of action to recover property is considered to have possession of the same.