Valens, Trusts, Book III. If, upon my application, and, under the decree of the Prætor, you accept an estate suspected of being insolvent, and I should afterwards be unwilling to have it transferred to me, or to concern myself with it, the following course (which is not improperly approved by Octavenus) should be pursued, namely, the Prætor should grant actions against me just as if I had received the estate; which opinion is perfectly correct. 1At the same time when you have formed a design to defraud your creditors, you can enter upon an estate suspected of being insolvent, and transfer it to me, without running the risk of an interdict on the ground of fraud; because, even though you were not charged with the trust in my favor, you are at liberty to refuse to accept the estate, and by doing so can defraud your creditors; and I will not act dishonorably in accepting the said estate which your creditors could not have compelled you to enter upon if I had not required you to do so. 2Where a son, who is his own master, becomes the heir of his father, and is charged by him to transfer his estate to me; and, having formed the design of defrauding his creditors, transfers the estate to me under the decree of the Prætor, after having pretended that he believes it to be insolvent, there will hardly be ground for the application of an interdict based on fraud; because if the property of his father had been sold, his creditors could not have obtained anything belonging to him out of the estate; unless the creditors of the son himself should be heard, if they ask to be permitted to sell the property of the son without including that of the father. 3If the heir, for the purpose of making a donation, should say that he suspects the estate of being insolvent, and should transfer it to someone who has no right to take it, the beneficiary of the trust shall be deprived of that to which he is not legally entitled. The same rule will apply where the fiduciary heir does this without the intention of making a donation.