The Institutes of Justinian

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TITTE XIV. 73a specific hare In the inheritance to ach unlessine intendsinat thens it rapta e in equat portions sor it is obvious thatis no stares are specifled the divide the inheritanc equally

twem them. Supposin howeve that specific hares are signe to ali in institute heir excepi one, hocis test Wit ut annexpress share at ali, this last heir illi entilledio any fractionis the axwhichias notieen dis sed os andis thermare , o more heir to whom no specific4hares have been assim , then ill divide this unassigned fraction equally tweeminem Finalty is the whole asias Men assigne in specific stares o ome of the heirs the ne or more hohave no specificahares tata half the inheritance, While the otherhias is divideo among the res accoming to the shares assignedio them an it is immateriat whether the heir ho has nospecifled share comes iret oritast in the institution or occupies some intermediate place so such share is presume to erve to him ascis no in sommother Way dis sed os et usano se ho the la stand is ome pari remain undis sed os, and ye each hei has his hare assigne to him is,sor instance, there are three heir instituted, and ac is assigne a quarteris the inheritance. It is evident that in thiscas the pari undis sed os illino to them in proportio toine Ahare eachinas assigne to him by the will, an it,illae Enactinas is the had ac Men originali institute to athim. Conversely, is inchoet is give so large a fractionthat in as,illi excreded eac must suffer a proportionaleatiatement thus is ou heir are instituted an to ac is assigne a thir of the inheritance, it illis the fame ascis Each ad Men originali institute to a quarter. Is moremthan Melveiunces are distribute amon some of the heirsonly one Minilest,ithout a specificishare, he will have What

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quest, or a testamenta manumission is made to clepencio an impossibie condition the condition is deemedininitteri,11 and the dispositio absolute. I an institution is made to dependis two o more conditions conjunctivel expressin,

- , sor instance, 4 this and that hali e done ' l theconditions must e satisfied i the are expresse in thealternative, o disjunctively-am is this o that shallie done '-it is enouo is one os them alone is satisfied. 12 A testator may institute a his hei a person whomae has

neve Seen, sor instance, nephew have beenior abroin

he an mali a many substitutions asine likes, naminii thelast place ne os his own laves a necessar heir, in delauit os allither taking. Severa may be substitute in place of one or ne in place of severat, o to ac hei may be substitute a ne an distinc person, or finalty the instituted heir may be substitute reciprocali in place of one another. Is heire ho re institute in nequa Ahares are reciprocatly substitute to ne another, and the hares hic thenare tohave in the substitution are o specified, it is presume was etlled by a rescript of the Emperor ius that thetestator intende them to tali the fame hares in the sub-xstitutio a the too directi unde the wili. Is a third person is substitute to ne heir,ho himself is substitutedio his co-heir, the Emperor Severus an Antoninus have

decide by rescript that this hir person is entille to the

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NTLES TU UT 5inares os both Wit ut distinction. Is a testator institutes another man's flave, supposin him to e an independent person, and substitui Maevius in his placeri meet the caseos his notriarin the inheritance, then, is in flave accepti, the orcle os his master,maevius is entille to alais ocine applie to a person Whom the testator linows to berinthe wwer os mother, the wordi iste hali noti m heir are alieno mean is he halliseitheris hei himsel nor cause anothera, heir; but when applied to a person homine testator supposes to e independent, the mean is heshali not acquire the inheritance either sor himself, o so that person to hos power herahali subsequently become subjeci,' and this a decide by Tiberius Caesar in the case os his

flave Parthenius.

O PUPILLAR SUBSTITUTION.

he is the heir of the son. For it is a ruleis customar law, stat he our children are too oun to mahe wilis sorthemselves, hei parent may ake them sor inem. The Ireason os his ut has induce us to infert in ur Code a constitution providin that is a testator has hildren, grand-ehildren, o great-granochildre in are lunatic or idiota, hemay aster the analog os pupillar substitution substitute certain definite person to them, Whateve thei secor thenearnes of thei relationshi to him, an even though theyhave reacte in age of puberty provide alWays that onthei recovering thei iacuities such substitution shali at once

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come old, exactinas pupillary substitution proper eas to have an operation aster the pupit has reache puberer 2 hus, in pupillary substitutio effecte in therior describis, there are, o to speah two wilis, theriather' and the wn's, jus ascis the soniad personali instituted an hei to himself;or rather, there is ne it dealing with two distinc mattem, a that is, with two distinc inheritances. Da testatorie apprehensive that, after his oWn death his son, While stillis pupil, may be exposed to the clange os ou play, hecause another person is peninsubstitute to him, he ought to mine me ordinar substitution penly, and in the earlier par of the testament, and write the ther substitution, herei a mancisname heir o the successio an deat of the pupit, separatelnon the lower partis the will and this lower par heshould te it a separate cor an sasten it a separate Seat, an direct in the earlier par of the wil that it shali notbe opene in the liktime of the son besore he attain the ageos puber . Os coum a substitution to a son unde the ageos puberinis non the les validi auserit is an integral partos in very wil in hic in testator has institute hi his heir, though such an ope substitutio ma expos the pupil to the clange os foui play. Not only he we leave urinheritance to childre unde the age of puberincam e mahesuch a substitution that is the accepi the inheritance ancithen die unde that age, the substitute is thei heir, but eca do it he we disinherit them so that haleve thepupit acquires by Wayis inheritance, legacnor gis Dominis relatives o selencis, illisas to the substitute. What has en sat os substitution to children below the age os puber , whether institute o disinherited is me also os substitution

wili sortis hildren unles h mahes ne also sor himself; so the wil of the pupit is ut a complementa sar of theiather' own testament accordingly, is the lalter is volo the former illis vot also Substitutio ma be made eitherto ac chil separalely, or onlyrio such one of them a shallias die unde the age os puberty. The rst is the properplan is the testatos intention is that non os them hali clieintestate the secono, is he wishes that, as amon them, the

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NNES XV XULT 77orderis succession rescribe is the welve abies shallaestricti preserve The person substitute in the place of aachil unde in age os puberi may be either ame individuali sor instance, itius r generali described, as by the wordi .homer hal heir; in hic lalter case, omine chil clying unde the age os puber , thos are calleclis the inheritance by the substitution ho have been institute heir an have accepted thei stares in the substitution hein proportionale to the hares in hic the succrede the fathen his in os substitution may be maderato males up to the age of sourtem, an to semales up to thatos twelve eam When his age is once passed, in substitution hecomes viae. o a stranger, o a chil a ve in age os pubert whom a man has institute heir, he cannot a piant a substitute to succee him fine tali an die ithina certain time: he has only the pomerito bino himina trustis conventhe inheritance' another eithe wholino in pari;

theria. relatin is hic subject illis explaine in iis

prope Place.

A ut execute testamen remain vali unti either re-voke or rescinded. ,1l is revoked when, though the civit Iconditionis the testator remain unaltered, in legat orce of the will idies is destroyed, as happens hen, after makin his Will, a man adopis as his sonisither an independent Person, in hic cas the adoption is effecte is imperia decree, ora Derson atre fi power, When it is done throuo the agencyos the praetor accomin to ur constitution In both theseeases the wil is revoked, precisely as it ould e by the subsequent hirin os a famil heir. Again a subsequent Willa dul execute is a revocation os a prior iit, an ii akes no differetice hether an heir ver actualintakes unde it ornot the ni question is hether ne tot conceivablyhme done so Accomingly, hether the person instituted declines to e heir, o dies in the liktime of the testator, o aster his deat but besore accepting the inheritance, o is exclude is statur os the condition under hic he was

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1nstituted in ali these cases the testator dies intestate sorthe earlier ilicis revoked by the laterisne and the later onexis inoperative a no heirri es under i Is after duly mining one Will, a man executes a secon one hic is equalinvalio, the Emperore Severus an Antoninus decide by rescriptthat theram is revoked by the second eum though the heir institute in the secon is institute to certain ining only. The term of this enaciment, have ordere tote inseri here, hec se it contain another provision The Emperors Severus an Antoninus to Cocceius Campanus A secondwill although the heir name thereinae institute to certainthing only, is ust a vali ascis no mentionis the things h been made: ut the heir is ound to conten himself,iththe thing oven him, o With such surther portio of the inheritanc as ili ake u in muri par to hic he sentitie unde the lex Falcidia, and subjeci hereto totransfer the inheritance to the persons institute in the earlier will so the word inserte in the later ili undoubtecllycontain the expression o a is that in earlier ne hestremat valid. his accordingi is a mode in hic a testa ment a b revoked There is nother event is hich a Will duly execute may be invalidaled namely the testator'sundermin a los o status: ho 'his may happen as κ-5 plaine in the precedin Book. In this case the will may besai tot rescinded though both thos that are revoked, and thos that are o duly executed may he sal to hecome orbe rescinded an similari to those hic are ut executed ut subsequently rescinde by los o status may besai to e revoked. However, ascit is convenient that inserent ground of invalidit should have different ames odistinguis them, W say that some ili are undulneκeCut iso the commencement, hile them hic are ut exe-6 cute are either revoke or rescinded. Wili ho eve which, though ut executed are Subsequently rescinde by the testatos undermin los os status are not altogether in- operatium sor is the wals of Seven Minesse are attaineo, the instituted hei is entille to deman possession in accord- ance illi the Will, is only the testator ere a citigenis Rome

an independent a me time os his decease; ut is the cause

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acceptio inheritance to hic he was made heiri accountos a suit etween the testator an some thir person nor

screen ome leges desect in iis execution or accepi an inheritance to hic he was institute meret by or os motist, or ahe an testamentar benefit unde a documentdesective in mini os law. An there are numerous rescriptSos the Emperors Severus and Antoninus to the Same purpOSe:

so though, thens the la Ddo no bin us, et e live in obedience to them

Inasmuch a the disinherison or omissionis parent of thei childre has generali no good eason, hos childrenino complain that the have been wrongsuli disinherite orpassed ove have been allo e to bring an actio immachingste ili as uncluteous, unde the pretexi that the testator asos insound min&at the time oscit execution. his cloes notmea that he was reali insane, ut that the wili, thoughlmss executed Mars no mar os that affection to hic achil is entille stoma parent sor is a testator is reatly insane, his it is void. Parent ma immac the wilis os ithei childre a unduimus, as et a children hos of their

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8 BOOx IT parendi. Brother an sister of the testator arei imperialconstitutions preserreesto infamous person are institutedio thei exclusion so that it is in these cases only that in ca bring this action Person relate to the testator in asurine degre than asarothemi sistere caminio case bring 2 in action, o M any rate succee in i When rough Chil-dre sully adopted in accordance With the distinction -- in ur constitution in bring this actio as ellis naturalchildren, hutielther an clo somnies there is nomine modein hic the can obtain the properi os the deceased sori se in canthisin the inheritance Wholino in parcis nyother ille are arre sto attachin a illis uncluteous. Asterhom hildren to can emplo this remedy, is the canx, no the means recove in inheritance. hat in may bring the actio must be underemo is mean, that they may

bring it ni is absolutet nothingias been est them by the

testator in his ill a restrictio introduce hyiu constitution ut os respectrior a sathes natura rights. scio eum a partis the inheritance, however mali, o me a single thingis test them, the wil cannot be impeached, hut the hei must, is necessa , mahem What is ove them to a sourin os .hatth Mould have alie had the testator die intestate eventhough the wil cloes no direct that this laurimis tot made u by the assessment os an honest an reli te man. I amardian accepis, unde his own ather' Will, a legac on hal os the pupil unde his charge, the ather havin test nothinito him personalty hecis in no way debarre sto immachin his ather' illis uncluteous o his own account o the ther hancl, fine impeaches the wil os his pupil'ssatherin the pupil' half, hecause nothin hac en test tothe lalter, an is deseate in the action, he cloes no lose a legacngive in the fame ili is himself personalty Accom- ingly that a person a be barre stom the actio immachin the will, it is requisite that he hould have a ourth fwhat he would have talieni intestacy either acheir, legat directis fiduc1ary, donee in contemplation os death, by gistsrom the testator in his lifetime though gis of this atterkin hars in actio oni is made unde an os the circumstances mentione in ur constitution or in annos the other

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Mether here e ne person only, o more than one, ho

to e institute in his ill either in the firs place or asa su titute in the secon o any later place so that, is the creditor are notiat in suli, the hei may be insolvent atherium in testator, an his proper , ather tha the testator's, may be sol by the creditor an divide among them Tobalance his disaduantam e has his advantage, that his acquisition aster the testatos deceas are sor his own sole benefit an although the estate of the deceased is insumcienti panthe creditore in suli, the heis subsequent acquisitionsare neverin that account liablerio a secon sale. eirs hora are both semit heir an necessa rure suchis a sonis adaughter, a grandchil by a son, an further simila linealdescendandi, provide that inenare in the ancestor' po erat the time of his decease Tomis a grandSon or grand-

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eve in theriisetime os the parent Me to a certain intentdeemed owners of the inheritance: heresore in intestacy the siret right os succession elong to the children. henare calle necessar heira cause the have no alternative, ut, illingi unwilling, both here there is a Will and where thereis not, they hecome heira The praetor howeve permita them, is the wish, to abstain romine inheritanee, an leavo the

parent to hecome insolvent rather tha themselves. Those ho ere no subject to the testatos power arecalled externat helm Thus hildre of oum in aremo inourso er, is institutod heiminus, are deemed externat' heim; and children institute by thei mother helon to this clam, cause omen neve havo children in thei power. laves institute heim by thei mastere, an manumitte subs quently to the executionis the Will long to the fame class. It is necessary that externa heir s ut have testamenta capaci , hether it is an independent person, o sommone in his power, hocis instituted and this capaci cis require at two times; at the time os the aking of the will, when, ithout it, the institutio Wout be void an a the time of the testator's decease, hen, without it, the institution Ouid haven effeci. Oreover, the institute heir ought to have his capacit also at in time hen e accepta the inheritance,

whether heris institute absolutetnor subject is a condition an inclee it is specialinat this time that his capaci 'otake ought to e looke to Isinoweve the instituted heirundein sinuos os status in the intervalie,een in malangos the will and the testatos decease, o the satisfactioni thecondition subject to whic he was instituted hecis no there prejudiced sor, as e Sald, there are ni three minis ostime hic have to e regamed. estamentar capaci thus cloes no mea meretncapacit in malae a Will it also means capacitnto inherior oneseis, o so the satheri masterin Whose γπer oneris, unde the willis another person a this latte hin os testamenta mapaci cis quite independentos the capacit to mali a Wil oneseis. Accordingly, evenlunatics, deas persons, aster--m children insanis, initore inpowe and other persons flaves are said is have testamenta