Paulus, Opinions, Book III. Where trees are overthrown by the force of a storm without any negligence of the usufructuary, it has been decided that he is not required to replace them. 1Whatever is grown upon the land or is gathered therefrom belongs to the usufructuary, as well as the rent of fields already leased, if these things are expressly included. But as in the case of a sale, unless the rents are expressly reserved, the usufructuary can eject the lessee. 2Whatever is obtained from the cutting of reeds or stakes belongs to the usufructuary, wherever it has been customary to consider this a portion of the income of the land.

Paulus, Sentences, Book II. A person who has been convicted of extortion cannot testify in the case of a will, or in a judicial proceeding. 1For an hermaphrodite to be qualified to testify in a case of a will it must be proved which sex is predominant.

Paulus, Sentences, Book III. The management of her own property can be forbidden to a woman who lives extravagantly. 1A privilege over the property of the curator is reserved for the benefit of an insane person of either sex. Spendthrifts, and all other persons, even though no mention is made of them in the Edict, are, by a decree, entitled to a similar privilege with reference to the property of a curator.

Paulus, Opinions, Book III. Where a man has lost his hands, he can make a will, even though he is unable to write.

Paulus, Sentences, Book III. Where a party loses his mind on account of bodily illness, he cannot make a will as long as this condition exists.

The Same, Opinions, Book III. It is proper for every witness to a will to sign his name in his own hand, as well as that of the party to whose will he attached his seal.

Paulus, Decisions, Book III. Where a son under paternal control is serving in the army he should, just as any civilian, be appointed an heir, or be disinherited by his father by name; for the Edict of the Divine Augustus, by which it was provided that a father should not disinherit his son while in the army, has been repealed.

The Same, Decisions, Book III. Every time that a father directs his son to enter upon an estate, he must be certain whether his son is an heir to a portion, or to the whole of it; and also whether his right is derived from an appointment as heir, or from substitution, or by virtue of a will, or through intestacy. 1Where the father or the master is dumb, the better opinion is, that if a son or a slave has been appointed heir, he can, by a nod, direct him to enter upon the estate; provided he has sufficient intelligence to enable him to legally acquire the estate, which can be the more readily ascertained if he knows how to write. 2A slave who is dumb, and acts in the capacity of heir by the direction of his master, renders the latter liable for the debts of the estate.

The Same, Sentences, Book III. Letters by which an estate is promised, or affection is expressed, have not the force of a codicil.

Paulus, Opinions, Book III. Where birds are bequeathed, geese, pheasants, and chickens, as well as aviaries will be due; but the slaves having charge of the pheasants and geese are not included; unless the testator expressly says so.

Paulus, Opinions, Book III. “The legatee may select such-and-such an article, or such-and-such an article.” Where no choice was made by the legatee, and he died after the time when the bequest was due, it was decided that the right of selection was transmitted to his heir.

Paulus, Opinions, Book III. Where land is devised, “In the very best condition in which it may be found,” the nets, and all other apparatus for hunting which refers to the equipment, are included in the devise, if the revenue of the land is principally derived from the chase. 1Where a tract of real property was devised, “Together with the slaves and cattle, and all its rustic and urban equipment, the peculium acquired by the steward before the death of the deceased, if it was derived from the same land, is held by the greater number of authorities to belong to the legatee.”

Paulus, Sentences, Book III. A freedman who received a legacy by the first part of the will afterwards was stigmatized by the testator as ungrateful in the same instrument, and the testator having changed his mind, the freedman will not be entitled to an action based on the will.

Paulus, Decisions, Book III. Not only the value of those slaves to whom freedom was granted, but also that of those who have been condemned to death, is deducted from the assets of the estate, just as the value of those whom the Prætor has liberated on account of their having given information of projected assassination, or for having revealed a conspiracy, is also deducted.

Paulus, Sentences, Book III. Where there is no property belonging to an estate of which the legatees or beneficiaries of a trust can be placed in possession, they shall not, for this reason, be given possession of property belonging to the heir; but they can bring any actions with reference to the estate, and such actions will be denied to the heir by the Prætor.

The Same, Sentences, Book III. When the person for whom prætorian possession is demanded subsequently becomes insane, the better opinion is that he will be held to have ratified the act, for a ratification only means the confirmation of a former demand.

The Same, Sentences, Book III. Where a freedman dies after making his will, power is given to his patron to demand either payment of whatever was due for granting him his freedom, or prætorian possession of a part of his estate; and even if the freedman should die intestate, the patron will still have the choice of these two things.

Paulus, Opinions, Book III. Where a freedman is fraudulently arrogated, his patron does not lose his right to his estate.

Paulus, Opinions, Book III. The act of an heir, who manumits his own slave that the testator bequeathed to him, is void, because it has been decided that neither his knowledge nor his ignorance of the bequest should be considered.

Paulus, Opinions, Book III. If a person who is not aware of the fact that suit has been brought for possession of his property should die, his heir, while the proceeding is pending, cannot ratify it.

The Same, Sentences, Book III. We are not forbidden to write a bequest for the benefit of a wife in another’s will. 1He who appoints himself the testamentary guardian of a minor child of the testator, although he is considered liable to suspicion for the reason that he seems to have aimed at the guardianship, still, if he is approved as being suitable, he should be appointed guardian, not under the will but by a decree of the magistrate; nor should any excuse given by him be accepted, because he is held to have consented to the wishes of the testator.