The Institutes of Justinian

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acquire so themselves o sor another unde a Miltiade bysome ne esse. Externat heirs have in privilem os deliberat 5 ing whether then ill accepti disclaim an inheritance Butis a person is entille is disclaim interseres it thei eritance, o is one ho has in privilege os deliberation accepta it, he no longe has the power os relinquishin it,untes heris a minor unde in age of twenty-five mars, sorminor obrui relie Domine praetor hen the incautioustyaccepi a dis vantagmus inheritance, as et theytis annother injudici sistep. Disio everrio be observed 6 that in Emperor Hadrian once even elime a person, his attesne his majori , hen, aster his accepting the inheritance, area debl unknown at in time os acceptance, his come o i t. his as ut the estowal os anes cies favou on a single individual the Emperor Gordians sequenti extende in privilege, ut ni t soldiere, to hom it a grante M a class. e ho me in urbenevolence have place this benefit ithin the reach fallisur subjecis, and raste a constitution ascius ascit is splendid, unde Which, is heir Will but observe ira terms, theycan accepi an inheritance Without Minitiablerio creditore andi ratem Myonfine value os the proper . hus soriar as theirliabili cis concerne there is no nee so them is deliberateon Cceptance, unles thenses to observe in procedure four Constitution, an preser deliberation, by hic the wiliremes liable to ali the risis os acceptance unde the olde la An interna heir, hether his right accrue o him unde a Wili or unde the civit law of intestate succession ca tali theinheritance eithe by actin as heir, o by the mere intentionis accepti B actingos heir is meant, sor instance, singstines helongin to the inheritanc as onelam n or sellinginem, o cultivatingi givinite es os the deceased' estates, provideo only one expresses in any Way wharaomer, is de or oes, one' intention to accepi the inheritance so long asone nows that the person with, se properi one is in deatin has die testate or intestate, and that ne is that person' heir. o actis heir, in aci, is to ac as Omner, an in ancient osten sed in term heir as equivalentis the term ownec An justos in mere intention to a

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accepi mines an externa hei heir, o to the mere dete . mination not to accepi ars him sto the inheritancae Nothin prevenis a person who istor deas o dumti, o whohecomes s asteriirth hom actingrus hei and thus acquiring

natura in close connectio inere it to conside this mode os acquisition.

2 an sormerinthen ere os four inris, amely, lemcnis vim dication, by condemnation, by permission, and by pr emion, to ac os,hic a definite formos,ord was approprialedhy hic it was nown and whic serve to distinguis itfro legacies of the ther hincis. Solem sorm os oro os this sortioweve have been altogether abolished by imperialconstitutions and we, destring to give greater essect to the wishesis deceased persons, an to interpret thei expressions Wit reserence atheroo hos Wishes than to thei strictlitera meaning, have issue a constitution compose astergreat reflection, enacting that in future there hali belut onekin os legacy, and that whateveris the term in hic the quest is couched the legate mansuessor it noclesiis realor hypothecary than is persona action. How caresuli and wisely this constitution is orde ma be ascertaine is a a perusa oscit contents. e have determ1ne howeve togo even heyon this enaciment sor, observin that the -- cient subjecte legacies to strictisules, while the rules hichthey applied o fiducia tequests, a springin more directlysrom the deceased person's wishes, were more liberat, e have deeme it necessar to assimilate in sorme completet to the lalter so that an seatures in whic legacies are inferior tofiduciar bequest may be supplied to the sto the alter, and the latre themselves may in suture possess any Superiori

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so that in re er, having fimi learn thei respective naturesin a separate trea lint, may when his legat education is moreaduanced, be able Milyrio comprehen their reaiment in

combination.

that this may be done is the decease knew that it belongedi a thim person, an no i he was ignorant of this sor rhaps he wout neve have ove the legac is he had known that he hinc longe netiner o him nor to the heir, an there is a rescript of the Emperor Pius to this effeci. It is also in belle opinio that the lainti' that is thelegatee, must prove that the deceased ne he was givingas a lega ining hic was no his own, ather hanthat he hei must prove the contradicto so the generalnile of la is that he hvrclen simos lies o the laintiff. Is the thing whic a testator equeaths is in ledge to ara creditor thes irris oblige to redeem it, subject to the samedistinctio as has Me drawn wit reserencerio a legacnos astin not helonging to the testator that is to say the heir isbound to recleem ni is the deceased linew the thin to ei pleclge and the Emperor Severus an Antoninus have decide thisi rescript Ismoweve the decease expresses his intentio that the legalee hout redeem the thin Umself the heir is under no obligation to do it sor him. Da 6 lega cisalven os a thini longin t another permn and

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is purchas te an obtain iis value homine heir is actioncm the will hut is he oves no consideration forcit, matris tos , gelarit is, is gimor is ome similar ille, he cannot sum sor it is serile law that Where a man has Hready go aining givin no consideration in rerum, he cannot et iis value is a secon lis of the fame End. Accordi ly, is aman is entitie to laim a thin unde each of two distinct lis it is materiat whether he get the hinni merelyriis value, unde the earlier ne sor i he gela the ining itselfhe cannot sue unde the second wili, heca e M Hready has the ining wit ut ovin an consideration, here ae has a good right os action is he has meretngo iis value A thing hic cloes notoet exist but wil exist may be validi h queathed -sor instance, the produce os suin and such Iano, o the chil of suc an such semate lave. Is the samethiniis grue a a lemcnto tW persons, hether tantinorseverally, and both cliam it, eac is intille in onina hias; is one os them cloes no claim it Minus eiinerine cloes notcare so it, or has die in the testator' liktime, o sor Someother reason, the whole me in his, legaree A tam lega is give in such moros a the sollowing I give andaequeathmy Have Stichus to itius an Seius: a severat lemcnthus, Love and equeat myralave Stichus to itium: Love and queat Stichus to Seius: an even is the testator says the fame lave Stichus in lega cis stili a severa one. Is lanes aequeathe whic helong t sommone ther inanthe testator, and the intende legateri aster purchasin thebare ownersia therein Ohinins in ususruct wit ut Consideration, and the sues unde the will Julian says that this actio sor in lan is et ground cause in a real actionsor lanx usuisuci is remine meret M a servitude huicitis par of the duinos in judgerio deduci in value of the usustuc homine sum hic he direct to e pes a the 10 value of the land A legac by hic something already -- longin to the legatin is given him is volo, sor What is his owniaready cannot hecome more his own hancit is an eventhough he alienates it hesore the testatos death, netiner itior I iis value cani claimed. Is a testator bequeatas omething

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person, the lega cis mod sor ira validit clepenus no on at he thought, hut o the rea facts of the caseu an it iselearly good is he thought i Hready helonged to the legalee,

cause his expresse Wish caminus be carried out. Is aster Iam in his ill a testator alienates proper 'hic he hastherei viven way as a lega , Celsus is os opinion that thelegate manstili claim it unles the testatos intention asinereis to revolae the equest, and there is a rescriptis the Emperor Severus an Antoninus to this effect as et asanother hic decides that is, aster makinthi Will, a testator pledges land .hic he had therei ove a a legacy, hecis notis emel to have thereis revoke the equest, and that consequently the legate can ensore is actio the heir's obligation to redeem the ledge. An is a testator alienates par os a mine hic he has ovenos a legacy the partinita has no been alienate can in any caseae claimed, and the alienare pari as elicis the alienor' intention a notrioremve in ima . Raman equeath in his dehis a dis Iaeharge rom his dehi, the legac is mod, and the testator's ir cannot sue either the deblor himself, or his heir, o anyone Who occupies the positionis heir in him, and the deblorean me compei the testatos heir o formallyaeleas him. More ver a testator caninis sorbidinis heirri etaim paymentos a debl hesore a certain time has elapsed Contrariwise, is lo debis leaves his creditor a legacros What hei es him, thel ac is volo, i it includes no more than the debl so the creditor is thus in no way benefited ut is the deblor une ditionali bequeassis a sum os monen hic the creditoremno claim unti a definite date has arriuod or a condition hac en satisfied the lega cis mod causerat conser onthe creditor a right to earlier paymen And even is theta arrises, o the condition is satisfied during the testator' stisetime, Papinia decides, and rightly that the lega cis nevertheles a goo one, Minus it a goo when rat item for the opinion that a lega iecomes Oid, b ause somethin happens to depriverit os ali materiat effect ismo. rejecte& ID man leaves his is a legacyis herio ry the 15 si is good hec se the lega cis ori more than a mere

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88 BOOK I. right os actio sor the clowry. I ho everis has neve received the clowrnwhichae equeaths in Emperors Severus an Antoninus have decide by rescript that thera ac is void, provide the genera term How ' is sed but good, is in givincit to the wis a definite sum o thiniis specifieo, or 16 describe generali is reserence to the clowr deecl. I athingiequeathed perishes throuo no actis the heir, in lossialis o the legalee thus is a lave belongin t another person, hocis give in his Way, is manumitte through noactis the heir, the lalter is no bound Ismoweve in flavehelong to the heir, who manumit him, Julian says that heis bound an it is immateria Whether he ne or no that the lave a been equeathe away romisim an hecisalso Mun is the lavete manumitte by another person to homine has given him, even though he was una are that hei ha been equeathed way romisim. Is a testator gives a legac os emale flaves long it their fApring the legate can laim the lalter even is the mother are ead, and w again is a legac is give os ordinary flaves along withthei vicarii or subordinates, the latis cani claime even uine sorme are dead But is the legac be os a lave alongwit his peculium, and the lave is dead, o has been manumitte or alienated the legac os the peculium is ex

everything pon it, or it ali ita instruments os illam, by the alienatio of the land the lemcnos the instrumenta osis tillam is extinguished. Is a loc ive a a lega , whic is subsequently reduce to a single heep this single furvivor an e laimed and Julian says that in a lemcnosa locinare comprised heem hic are adde tori aster themakin os the will, a locin inglutine aggregate composed os distinc members, jus M a ous is ut ne aggregateis compose of distinc stones bulli together. Socis the lega consis of chouse we hol that pillare o mariae adde to itet aster the akin os the willisas unde the equest I astave' peculium beatve a a legacy, the legalee undoubteclly profit by what is adde to it, and is a lose by what is ahensrom it, uring the testator' liistime hateve the lave acquires in the intervat et re the testatos deat an the

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acceptanceis in inheritance belongs, accordinito Julian, toste legalee, i that legate be the lave himself,horis manumitte by the will cause a legac os this in vestisrom the acceptance of the inhexitance: ut is the legate be astringer, hecis no entille to suc acquisitions unles th are made by means of the peculium iisvis A lave manumitte is a ilicis no entille to his peculium untes it is expressi bequeathe to im though, i in master manumit hi in his li time, it is enough is it e no expresstylatan rom him, an to this effect the Emperors Severus and Antoninus have decide is rescript as also that a lega of his peculium to a flave cloes no carrnwith it the right to sueso monen hic he has expende on his master' Moount, and that a lega is a peculium ma be inserre seo directions in a it that a lave is to e re so oon a he has made a statement os his accounts and made many balance, Whic may be against him, sto his peculium. Incorporea 21M Wel a corporea things an queathed thus a manca leave a lemcneven os a debl whichris owe to him, and the hei canae compeIle to transse to the legate his rightsos action, utiles the testator has exacte payment in his liktime, in hicli case the legac is extinguished Again, such al acras the solio incis mod my heir bound to repat soandiso'si se orno pans and stas debis Is a legac be a 22

general one, si a flave or omemther thingio specificallydetermineo the legate is entille to choose hat lave, orinat thing, he wil have, unies the testator has Apresse a contrary intention A legacros selection, that is, When a testator 23 directa the legate to selectine rom among hi StaVeS, O any

0ster classi things, was held to beetiven subjecta an implied condition that the legateoeshould make the choice in person sotharis he clied besore cloing so the legacydidiot passio his heir.

Gur constitution howeve we have made an improvement in

this matter, an allowed the legalee's hei to exercise the right 0 selection, although the legate has no done so personalty in his lilatime; hicli enaciment, throuo u caresul attention to the subjeci, contain the surther provision that is there are either severa co-legatis to homin right os seleci. tio has Men equeathed, and who cannot agre in their

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a priori of choice ove in rest.24 T se persons ni can e legatem ho have est mentary capaci , that is in are legali cap te os iniunga unde a Will. Formeri it a no allowe to leave eitherlegacies o fiducia aequest in uncertain persons, an mensoldiere, as in Emperor Hadrian decide by rescript mereunablerio benefit uncertain persons in this Way. An uncertain Person as et to e ne os,hom the testator a nocertain conception, a the legate in the ollowin som: Wh ver estoin his aurater in marriam on m Son dothou my heir, give him suchis suis land Sorio a legacylest to the fidit consul designate aster the writing of the willinas hel in beatve to an uncertain person, an many iners that tot be instincta an socii as hel that reedonicould no queathedrio an uncertain person, heca erat was Mitte that flaves ought tot enseanchised by name, and an uncertain person could noti appoinred maestan. ut a legac viven it a certain demonstration, that is to anuncertain member of a certain clam, a valid for instance,

such thing. It was howeve provide is imperia constitutions that legacies o fiduciar bequest lest to uncertain person an pat is misinis could notis recovere hach. 26 Amaste bom stranger again mula notetake a legacy an aste horn strangerieing one Whoin his biri, ill notae aria lyhei to the testator thus a grandin by an emancimted son was hel to b an aster-hom strange in his granosather. 27 These paris of the lawἘ-eve have nocheen lest,ithout due alteration, a constitutio havin been inserte injur Cocle, inich we have in these respecta amendeo the rules relatingio legacies and fiducia quest nocles than in inheritances,as illis made cleari a perusia os in enaciment, W-h

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NTLE X. 91 -- still maintain the old rule that an uncertain person cannoti appoinred guardian sor When a testator is My in inna marclian sor his issue, he ought to e quite clear a toste person an character of the par a selecta. An aster 28 m strange mul an stili an e institute heir, unlessco eive os a Woman who anno by la man's Wiis. In testator ahes a mistake in an os the ames os theras legalee, the lega cis nevertheles vali provide there is nod M a to the person he intended, and the fame uteris very properiri serve acto heir as ei as legalees formam are used onlyrio distinguis, mons, an is the person cante ascenaine in the ways a mistake in the nam is imm teria Closely akin to this ut is nother, namely that an 30 erroneous description os the inini queathe cloes no invalidate the equest sor instance, is a testator says, I giveandaequeat Stichus m bor flave, thera a cis mod isit is quite clear hocis meanti Stichus, even though it turn out that he was not horn in testator' flave, hut Was u

chased is him. Similarly is he describe Stichus ac theslavera ought rom Seius, Wherea in lactis bovis him

Mnn ome ne else, the lega cis mod is it is clear .hat flave M intende to give Stilici scis a legac invalidat diis a ron motive hein assigne by the testator sor invingit is, is instance, he ara, I give an queat Stichus to Titius, Minus heclooked after nassaim .hile I Wa --ἰor cause I was acquitie on a capita charge throuo his undenavin m defence, ine lega cis stili mod althoughi potnt of iaci Titius neve di look after in testator'siniam, o neve did throuo his advoca , procum his acquuta But the la is different i in testator expresses his motive in the gulae os a condition, grue anclaequeathmin and inch land to Titius, is he has looked uter nassaim.'It is quinione Whether a legac to a lave of the heir is 32 valid It is clea that suc a lega cis ot is ove un- conditionalty eve though the lave eas 'o heton to theta during the testator' liktime sor a lega ,hich Wouldbe via is in testato die immessiastinaster makin his illought nobis hecome valid by the simple factis in testator's

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to a condition the question then Ming, Whether at the vesting33 os the legacy the flave has cerae to elong to the heir. Onthe ther and there is no oub that even an absolute legacyrio the masteris a flave horis institute hei is mod for even supposing that the testator dies immediatel asterm in the wili, the right to the legac cloes no necessarilybelong to the person horis heir so the inheritance an thelegaCy are separabie, an a disserent person rom the legaleem iecome heir throuo the flave os happens is besore theslave accepi the inheritance at his master' hidding, he is Conveye to another person, o is manumitte and thus h comes hei himself in both os,hicli cases the legac is valid But iste remain in the fame condition an aCCepis34 at his master's bidding the legac is extinguished. A lega giveniesore an het was appoinred Was formerly void. causea wil derive iis operatio Domine appotnimentis an heir, an accordingi such appotniment is deeme the eonning and Mundation os the whole testament, an sor the samereason a lave could notis enseanchised besore an het was appotnted. et even the old lawyers themselves disapproveclos sacrificing the ea intentions of the testato by to strictly solio in the omer os the writing and we accomingly have deeme these ules unreasonabie, an amende them hytur constitution, Whic permit a lega , an much more Deedom, Whic is always more favoured, to beatveniesore the appotnt- mentis an heir, o in the micidie of the appotnimenta, is there 35 are severat Again, a legac to tali effect aster the deathos the heiri legalee, as in the form Aster, heir's cleath give an bequeath, was formeri void, as als Wa onet tali effect o the a precedin the eath of the heiror legaree This to however, have corrected by mahingsuch legacies a vali a th mout he were the fiduciarybequests, test in this potnt the lalter hout be Mun to have 36 some superiorit ove in former. Formeri to the gist, revoCation, an transserence of legacies by way os penalty was void. A pena legac is ne give in orcle to coercethe heir into cloin or no doin something sor instance, thesollowing VI m heir gives his au ter in marriage is Titius, or conversely, 4 he cloes notinive her in arma