Ulpianus, On the Lex Julia et Papia, Book VIII. Where a testator made the following provision in his will, “I desire that there be given to So-and-So all that he is permitted to receive by law,” then this bequest is considered to refer to the time when the legatee could receive the property under the will. If, however, the testator had said, “Let my heir be charged to give the largest share of my estate that I can dispose of,” it must be said that the same rule will apply. 1A person to whom the third part of an estate is left to vest at a time when he will have children cannot obtain the third part of said estate by the adoption of children.

Ulpianus, On the Lex Julia et Papia, Book VIII. Where a man leaves a legacy to his wife payable at the time that she has children, some doubt may arise whether the testator only had reference to such children as might be born after his death, or whether he had in his mind those also who were born to him after his will was made, if he died while the marriage continued to exist. I think it is but proper that this should apply not only to children born during the lifetime of the husband, but also to those born after his death.

Ulpianus, On the Lex Julia et Papia, Book VIII. Where anything is given for the purpose of complying with a condition, although it may not be derived from the estate of the deceased, still, he whom the law says shall only receive a certain amount cannot receive a larger sum than that fixed by law. It is certain that where a sum of money is paid by a slave for the purpose of complying with the condition, the amount will be regulated in accordance with that which the legatee is legally entitled to receive, provided the slave had that much in his peculium at the time of his death. If, however, the sum was acquired after his death, or if another person gave it for him, as it did form part of the property which the testator had when he died, the case will be the same as where charges are imposed on legatees.

Ulpianus, On the Lex Julia et Papia, Book VIII. It makes no difference whether one actually kills another, or is merely the cause of his death.

The Same, On the Lex Julia et Papia, Book VIII. If a woman should leave money for the purchase of articles suitable for military service to the son of her husband, who is in the army, anything purchased with it by him will be included in his castrense peculium.

Ulpianus, On the Lex Julia et Papia, Book VIII. As a woman, when moribund, is considered to have had a child if it is taken from her by means of the Cæsarean operation; so, under other circumstances, she can be held to have had a child whom she did not bring forth at the time of her death; for instance, one who returns from the hands of the enemy.