Pomponius, On Sabinus, Book II. Where a mistake is made in the name or surname of a judge, it was the opinion of Servius that if the judge was appointed by an agreement of the litigants, he must act as judge whom both litigants had in view.

The Same, On Sabinus, Book II. In a pupillary substitution, even though a longer time may have been fixed, the substitution will, nevertheless, terminate at the age of puberty.

Pomponius, On Sabinus, Book II. If a testator, after having bequeathed a tract of land, should dispose of a part of the same, it is held that only the remaining portion is due to the party to whom it was left; because even if an addition was made to said land the legatee would profit by the increase. 1Ad Dig. 30,8,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 297, Note 4.If the following provision should be inserted in a will: “Let Lucius Titius, my heir, or Mævius, my heir, pay ten aurei to Seius,” Seius can bring suit against whichever of the heirs he may select, and if he brings an action against one of them, and payment is made by him, the other will be released; just as where two debtors have promised to pay, both will be liable for the entire amount. But what if the legatee should only demand half of the amount from one of the heirs? He would be free to demand the remainder from the other. The same rule will apply where one of the parties has paid his share. 2Where a legacy was bequeathed as follows: “I bequeath eight litter-bearers, or a certain sum of money instead of each one, of them, whichever the legatee may desire,” the legatee cannot claim a part of his legacy in slaves and the other part in money, because the legacy is left as an alternative; just as if fifty pounds weight of oil, or a certain sum instead of each pound, is bequeathed, for otherwise, a division might be allowed where only a single slave was bequeathed. Nor does it make any difference whether the sum is divided, or whether the entire amount is paid at once. And, in fact, where eight slaves have been bequeathed, or a certain sum of money instead of all of them, the heir cannot, against his will, be compelled to be liable for a portion of the bequest in money, and a portion in slaves.

Pomponius, On Sabinus, Book II. Where a tract of land with everything upon it is devised, any property that is there only temporarily is not held to have been left, and therefore money which is there for the purpose of being loaned is not included in the legacy.

Pomponius, On Sabinus, Book II. In order that prætorian possession of an estate may be granted in accordance with the pupillary substitution, inquiry should be made whether the will of the father was sealed, even though that portion containing the substitution was produced unsealed.

The Same, On Sabinus, Book II. If anyone should make the following provision in his will, namely, “Let Stichus be free, and let my heir pay him ten aurei,” there is no doubt that the money will be due him, even if the head of the household should manumit him during his lifetime. 1The same rule will apply if the testator should say: “Let Stichus be free, either immediately or after a certain time; and when he becomes free, let my heir pay him ten aurei.” 2It has been decided that if a legacy of freedom is bequeathed as follows, “Let my heir pay ten aurei to such-and-such a slave, if I grant him his freedom in the presence of the magistrate,” although, strictly speaking, this is different from a testamentary manumission, still, according to the dictates of humanity, the legacy will be valid if the master, during his lifetime, should emancipate the slave.

Pomponius, On Sabinus, Book II. If Titius and Seius stipulate separately, as follows, “If you do not convey such-and-such a tract of land to So-and-So, do you promise to pay me?” the time for paying one of them will not terminate until judgment is rendered, and therefore the right of action will belong to him who manifests the greatest diligence.

Pomponius, On Sabinus, Book II. An ordinary substitution, by which an heir is substituted “for him who may die last,” is understood to have been made legally if there should be only one heir, in accordance with the Law of the Twelve Tables, by which, when there is only one heir, he is referred to as the next of kin. 1Where a testator makes the following provision in his will, “If anything should happen to my son, let my slave Damas be free,” and the son should die, Damas will become free; for although an accident may also happen to the living, death is understood by this expression, according to the ordinary signification of the language.