Ad legem Iuliam et Papiam libri
Ex libro XVIII
Ulpianus, On the Lex Julia et Papia, Book XVIII. Neither gross ignorance of the facts should be tolerated, nor scrupulous inquiry be exacted, but such knowledge should be demanded that neither excessive negligence, too great unconcern, nor the inquisitiveness that characterizes informers may be exhibited.
Ulpianus, On the Lex Julia et Papia, Book XVIII. If anyone should be tacitly requested to surrender to another the entire share of an estate to which he has been appointed heir, it is evident that he can receive nothing by accrual, because he is not considered to be entitled to the property.
Ulpianus, On the Lex Julia et Papia, Book XVIII. If Titius and Mævius should be appointed heirs by a testator who left four hundred aurei, and he charged Titius with a legacy of two hundred, and whomever might become his heir with a hundred, and Mævius, his heir, should not enter upon the estate; Titius will be responsible for the payment of three hundred aurei. 1Julianus, indeed, says that if one of two heirs at law who was charged with a trust rejects the estate, his co-heir cannot be compelled to execute the trust, for his share will belong to the co-heir without an obligation of any kind. However, after the Rescript of Severus, by which it is provided that where an appointed heir is charged with a trust, and rejects it, it must be executed by the substitute, in this case the heir at law will obtain the share by accrual, just as the substitute will acquire it with its burden.
Ulpianus, On the Lex Julia et Papia, Book XVIII. The following must be noted with reference to the operation of the Falcidian Law, where a legacy is bequeathed to anyone conditionally, or payable after a certain time. If ten aurei should be bequeathed to someone under a condition, and the condition is fulfilled, for instance, after the lapse of ten years, the said ten aurei will not be considered to have been bequeathed to the legatee, but a smaller amount, for the interval, and the interest during that interval cause reduction of the original sum of ten aurei. 1Just as legacies are not payable unless a balance remains after deducting the amount of the debts from the property of the estate, so donations mortis causa will not be due, but may be annulled by the indebtedness of the estate. Therefore, if the indebtedness is very large, no one can receive property given to him mortis causa, out of the funds of the estate.
Ulpianus, On the Lex Julia et Papia, Book XVIII. The Divine Trajan says, “Whoever shall have stated.” We must understand “whoever” to mean either a man or a woman, for although women are forbidden to act as informers, still they are permitted to denounce themselves by the privilege of Trajan. Likewise, it does not make any difference what the age of the informer may be, whether he is of lawful age, or a minor, for minors are permitted to denounce themselves in cases where they are not entitled to receive property.