Ad Dig. 32,16Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 188, Note 2.Pomponius, Trusts, Book I. The property left under a trust is very frequently delivered to the beneficiary in a better condition than it was when bequeathed; as for instance, where a field has been increased by alluvial deposit, or where an island has arisen.

Pomponius, Trusts, Book I. If, having executed a will according to law, I leave you a trust, and then afterwards I make another will without observing the required formalities, by which I do not leave you a trust, or if I do, I leave you one entirely different from that included in the first will; it must be considered whether it was my intention, when I made my second will, to deprive you of what was bequeathed by the first, because trusts are annulled by the mere intention. This, however, is difficult to establish as perhaps I may not have intended to revoke the first will, unless the second should be valid, and now the trust in the second will will not be valid, even though the same heirs were appointed by both wills, and entered upon the estate under the first one.

Pomponius, Trusts, Book I. Where a tract of land is devised without its equipment, the casks, olive-mills, presses, and everything else fastened to or built upon the land, are included in the devise; but none of these things which can be moved are, with very few exceptions, included under the designation real-property. Where any question arises concerning mills attached to the land, or erected upon it, they are considered as parts of the buildings.

Pomponius, Trusts, Book II. The person to whom payment is made in compliance with the terms of a trust, just as one to whom a legacy is bequeathed, is obliged to give security to return anything which he receives in excess of what he is entitled to under the Falcidian Law; as, for example, where the amount due under the Falcidian Law is still in suspense, on account of the condition upon which other trusts or legacies are dependent not having yet been fulfilled. But, according to the opinion of Cassius and the ancient authorities, where a minor is charged with a trust, he to whom the amount is paid should furnish security with reference to the property with which the substitute was charged; for although there may be a repetition of what has been paid under the provisions of the trust, which really is not due, still it is more satisfactory for security to be given to him by whom the money is paid, so that he may not sustain any loss through the party who receives it becoming insolvent.

Pomponius, Trusts, Book II. If an appointed heir is asked to transfer the estate to Titius, and Titius is asked to return it to the heir after a certain time, direct actions will be sufficient to establish the rights of the heir. 1If the heir, before he transfers the estate left in trust, alienates any portion of the same, or manumits a slave belonging to the estate, or destroys, breaks, or burns any of the property, no civil action can be brought against him, if he transfers the estate afterwards under the Trebellian Decree of the Senate, but suit can be brought against him under the trust, on account of the property which has been destroyed. If, however, the heir has committed any of these offences after the estate has been delivered, it must be held that he can be sued under the Aquilian Law; for instance, if he has either wounded or killed a slave belonging to the estate. 2If a temporary right of action is bequeathed to the estate, the time in which the heir could have brought it before transferring the estate will be charged against the person to whom the estate was transferred.

Pomponius, Trusts, Book III. When the person to whom a slave is left to be liberated under a trust is unwilling, the slave should not be delivered to him in order to be manumitted; but he can become the freedman of another than the one who was requested to emancipate him. 1Campanus says that if a minor of twenty years of age should ask his heir to manumit a slave who belongs to him, his freedom must be granted; because, in this instance, the Lex Ælia Sentia does not apply. 2A slave was bequeathed to Calpurnius Flaccus, who was charged to manumit him, and if he refused, the same slave was bequeathed to Titius, who was also charged to manumit him; and if he should fail to do so, the slave was ordered to be free. Sabinus says that the legacy is void, and that the slave will become free immediately by the terms of the will.

Pomponius, Trusts, Book IV. When an heir was charged to transfer an estate, after reserving a certain tract of land which belonged to someone else, Aristo says that it should be ascertained whether the testator intended that the said land should belong absolutely to the heir, or only in case it was ascertained to belong to himself. He holds that the former opinion should be adopted, and therefore that the estimated value of the land should be reserved from the estate.