The Same, Letters, Book XII. Conditions like the following, “If they should erect a monument,” if imposed upon several persons, cannot be complied with unless by all of them at the same time. 1Likewise, “If Titius should pay to Symphorus and Januarius a hundred aurei, I leave him such-and-such a tract of land.” If Symphorus dies, will the devise be extinguished? I think that it ought to be interpreted in this way, if the legatee should pay the amount during the lifetime of either of the parties. According to the most indulgent interpretation, it must be said that, if Symphorus should die without Titius being in default, he could claim half of the land which was devised, if he tendered half the money to Januarius. 2A question arose with reference to the following case: A tract of land was devised to certain persons, if they paid a specified sum of money for funeral expenses, and for transporting the body into another province; for unless both of them made the payment, neither would be entitled to the devise, as the condition could not be complied with unless by both. We, however, are accustomed to make a more liberal interpretation in cases of this kind, just as where a tract of land is devised to two persons if they pay ten aurei, and one of them pays his share, he will be entitled to his portion of the devise. 3Priscus gives it as his opinion that a slave who is to become free on condition of rendering an account, cannot do this where the testator died, or where he himself may happen to be, or where he may desire to render it; but, in the meantime, he must present himself to the person to whom he is obliged to render the account, and by all means, if the latter should be absent on business for the State. It is, however, extremely probable that another conclusion might be arrived at in a case of this kind, where the rank of the parties and the distance of the places must be taken into consideration.

Pomponius, Epistles, Book II. Where one of two patrons assigns the freedman to his son, there is no reason why the other should not retain his rights over him unimpaired.