Ad Sabinum libri
Ex libro VIII
Pomponius, On Sabinus, Book VIII. If I have two houses, and convey them at the same time to two parties, it should be considered whether a servitude imposed on either of them is valid, since a servitude cannot be imposed on, or acquired for, the house of another; but where this is done before delivery, he who conveys the property acquires the servitude for, or imposes it on, his own property, rather than that of another; and therefore the servitude will be valid.
Pomponius, On Sabinus, Book VIII. Where legacies which imply disgrace, and an intention to insult the legatee rather than to benefit him, are inserted into a will; they are considered as not having been written, on account of the odium attaching to the testator. 1Ad Dig. 30,54,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 92, Note 8.If a legacy is bequeathed to Titia, under the condition that she shall marry with the approval of Seius, and Seius should die during the lifetime of the testator, and she should marry, she will be entitled to the legacy. 2Ad Dig. 30,54,2Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 92, Note 8.If a legacy has been bequeathed to you on condition that you manumit a slave, and the death of the slave prevents his manumission, you will, nevertheless, be entitled to the legacy, because it was not your fault that he did not obtain his freedom. 3Ad Dig. 30,54,3Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. III, § 626, Note 11.Where, in the bequest of a legacy, only a part of the heirs are mentioned, the heirs will be charged with it equally, and if all of them are charged, each will be liable in proportion to his share of the estate.
Ad Dig. 35,1,14ROHGE, Bd. 5 (1872), S. 111: Rechtliche Bedeutung der Clausel in Feuerversicherungspolicen: „die Versicherung wird erst durch die gehörig geleistete Prämienzahlung giltig“.Pomponius, On Sabinus, Book VIII. “Let Titius be my heir, if he erects statues in the city.” If he is ready to erect the statues, but the municipal authorities will not furnish him with a place for that purpose, Sabinus and Proculus hold that he will become the heir, and that the same rule of law applies to a legacy.
Pomponius, On Sabinus, Book VIII. Where a freedman has sworn to render his services to two patrons, it is held by Labeo that he owes a portion of them to each, and that this can be demanded of him; for services which have not been and could not be performed at the time are constantly required. This occurs whether the freedman has sworn to, or promised the patrons themselves, or a slave owned by both of them, to render his services, or where there are several heirs of one patron. 1It is established that anyone can act as surety for a freedman who takes an oath to render his services.
Pomponius, On Sabinus, Book VIII. Where a slave who was to become free conditionally was ordered to render an account, and paid what appeared to be the balance remaining in his hands, and offered to give security with reference to what remained in doubt, Neratius and Aristo very properly hold that he will become free; as otherwise, many slaves might not obtain their liberty because of the uncertainties of accounts and the nature of business of this kind. 1A slave who is to become free conditionally, and is ordered to pay a sum of money but not to render an account, should pay it, and not furnish a surety that he will do so.
Pomponius, On Sabinus, Book VIII. Where a slave is ordered to be free if he pays ten aurei, he must pay them to the heir; for when there is no one designated to whom payment shall be made, the slave will be entitled to his freedom by paying the heir. 1If each one of the heirs sells his share in a slave to different purchasers, the slave must pay to every purchaser the same proportion of the sum which was due to each heir. Labeo, however, says that if the names of the heirs are only mentioned in the will, equal portions should be paid them; but if the testator said “If he pays my heirs,” the amounts will correspond to the shares of the estate to which the heirs are respectively entitled.
Pomponius, On Sabinus, Book VIII. If I stipulate for payment to be made to me or to a ward, and the promisor pays the ward without the authority of his guardian, he will be released, so far as I am concerned.