Pomponius, On Plautius, Book VII. Where an usufruct is bequeathed to me and to you at the charge of Sempronius and Mucius, heirs of the testator, I will be entitled to a fourth part from the share of Sempronius and another fourth part from the share of Mucius; and you, in like manner, will be entitled to two-fourths taken from their respective shares.

Pomponius, On Plautius, Book VII. Labeo says that a slave who is to be liberated by the heir under a certain condition cannot receive a legacy without the grant of his freedom while this is in abeyance under the terms of the will, for the reason that he is the slave of the heir. If, however, the heir inserted in his own will the same condition under which the slave was to obtain his freedom by that of the testator, the legacy will be valid. But if the slave should be ordered to be free while the heir is in default, it has very properly been decided that a legacy can be bequeathed to the slave without the grant of his freedom; because it would be superfluous to give him his freedom which he could not obtain under the will of the heir, but could obtain under that of the testator. 1“Let Stichus, or Pamphilus, whichever one my heir may choose, be given to Titius, provided he makes his choice upon the day on which my will shall be published.” If the heir does not say whether he prefers to give Pamphilus or Stichus, I think that he will be bound to give Stichus or Pamphilus, whichever one the legatee may select. If he says that he prefers to give Stichus, and Stichus should die, he will be released. If one of the two slaves should die before the time when the legacy vests, the survivor will remain subject to the obligation. Moreover, when the heir has once stated which one he prefers to give, he cannot change his mind, and this opinion was also held by Julianus.

Pomponius, On Plautius, Book VII. Where a man has two debtors who jointly owe him the same sum of money, that is to say, Titius and Mævius, and he makes a bequest as follows, “Let my heir pay to Mævius what Titius owes me, and let him pay to Seius what Mævius owes me,” he binds his heir by these words; for when the latter assigns to Mævius his right of action against Titius, Mævius is held to have been released by his act, and therefore the heir will be liable to Seius. 1Where a testator who has one debtor bequeaths the amount which he owes to him to two legatees separately, the heir is bound to satisfy both of the latter, one of them by assigning his right of action to him, and the other by paying him the money.

Pomponius, On Plautius, Book VII. What then must be done, as the creditor can bring an action under the will? The heir should not have judgment rendered against him, unless security is furnished him for defence against the debtor. Likewise, if the debtor should institute proceedings, the heir is required to do nothing more than to protect him against the creditor.

The Same, On Plautius, Book VII. Where freedom is granted as follows, “Let Stichus be free the twelfth year after my death,” it is probable that he will become free at the beginning of the twelfth year, for this was the intention of the deceased. There is, however, a great deal of difference between the two expressions, “the twelfth year,” and “after twelve years,” and we are accustomed to say “the twelfth year” when ever so little of the twelfth year has arrived, or elapsed. He who is ordered to be free the twelfth year is ordered to be free for every day during that year. 1Where the following provision is inserted in a will, “Let my slave, Stichus, be free, if he pays my heir a thousand sesterces at the end of one, two, and three years, after my death, or if he gives security to do so,” the slave cannot become free before the expiration of the third year, unless he pays the entire sum immediately, or gives security; as the advantage which the heir derives from immediate payment should be compensated by the rapidity with which the grant of freedom is made. 2Labeo says that where a testamentary grant of freedom is made as follows, “Let Stichus be free within a year after my death,” he will become free immediately. And if his freedom had been bequeathed as follows, “Let him be free, if he pays such-and-such a sum to my heir within ten years,” and he pays it at once, he will become free without delay.

Pomponius, On Plautius, Book VII. Where a person to whom the sum of a thousand sesterces has been bequeathed is charged to manumit a slave worth twenty, he cannot be compelled to execute the grant of freedom under the trust, if he does not accept the legacy.

Pomponius, On Plautius, Book VII. Labeo, in his Book of Last Works, states the following case: “Let Galenus, my steward, be free, if he appears to have carefully conducted my business, and let him retain all his property, and receive a hundred aurei in addition.” In this instance we should require such diligence as will benefit the master and not the slave. Moreover, good faith should be added to the diligence, not only in keeping the accounts, but also in the payment of any balance which may remain. By the word “appears” is meant “can be considered to have.” The ancients interpreted the following words of the Law of the Twelve Tables, “If rain-water causes damage,” to mean if it can cause damage. And if this question is asked before whom the abovementioned diligence must be established, we must answer that this ought to be decided by the heirs in accordance with the judgment of a reliable citizen; for instance, if a slave is ordered to be free on condition of his paying a certain sum of money, and it is not stated to whom he shall pay it, he will become free just as he would if the testator had written, “If he should pay the sum to my heir.” 1Pactumeius Clemens said that if a trust had been bequeathed as follows, “I charge you to deliver it to whichever of them you choose,” and the heir did not make any choice as to whom he should deliver the property, he must deliver it to all, and this was decreed by the Emperor Antoninus.

Pomponius, On Plautius, Book VII. When anyone promises to pay a sum of money within a year, or has judgment rendered against him requiring him to do so, he can pay it on any day during the year.