The Same, On Sabinus, Book XV. Where anyone pays with the understanding that if it should appear that the money was not due, or that the Lex Falcidia is applicable, it shall be returned; an action for recovery will be available, for an agreement has been made between the parties. 1Where anything is paid in compliance with the terms of a will, but the will afterwards proves to be forged, or inofficious, or invalid, or should be set aside, it can be recovered; and if, after a long time, a debt should come to light, or codicils which have been long concealed should be produced, which contain a revocation of legacies already paid, or the legacies are diminished because bequests have been left to others; the same rule applies. This is the case because the Divine Hadrian stated in a Rescript that where an inofficious or forged will exists, an action should be granted the party in whose favor a decision was rendered with reference to the estate.

Ulpianus, On Sabinus, Book XVI. It is no new doctrine that, where one party pays, another can bring an action to recover the money; for where a minor under twenty-five years of age, without proper consideration, enters upon an estate, and obtains complete restitution after the legacies have been paid; then, as set forth in the Rescript to Arrius Titianus, the right of action for recovery does not belong to him, but to the party entitled to the property of the estate.

Ulpianus, On Sabinus, Book XVII. If a slave, owned in common with another, is substituted for a son not yet arrived at puberty, together with the grant of his freedom, and he should be purchased by the testator, he will become a necessary heir of the minor; but if he should be purchased by the latter, he will not be his necessary, but his voluntary heir; as Julianus states in the Thirtieth Book of the Digest. But whether he was purchased by the father or the minor, equity suggests that he himself, if he tenders the price of his master’s share, can obtain both his freedom and the estate. 1Where a slave is bequeathed to Titius, he can be substituted for the minor son of the testator with the grant of his freedom; just as where he is bequeathed and appointed heir, and the legacy will vanish when the condition on which the substitution depends is complied with.

Ulpianus, On Sabinus, Book XVI. The will of the father and that of the son are considered as one, in accordance with the Prætorian Law; for (as Marcellus states in the Ninth Book of the Digest), it will suffice for the will of the father to be sealed, if that of the son is also sealed; and the seven seals of the witnesses attached to the father’s testament will be sufficient. 1Where a father makes a written will for himself and an oral will for his son, or vice versa, both will be valid.

Ulpianus, On Sabinus, Book XIX. The stipulation for the Falcidian portion takes effect immediately, when the condition on which the legacy or the debt depends is fulfilled.