Africanus, Questions, Book I. A will is said to be forged even if the heir himself is accused of having fabricated it, since he must be sure that he did not commit the forgery in order to be able to legally enter upon the estate; but where another is accused of having done this without the knowledge of the heir, he cannot enter upon the estate if there is any doubt of the will being genuine.

Africanus, Questions, Book I. If the property which was fraudulently alienated by the freedman is no longer in existence, the patron cannot bring the action, just as if the freedman had thrown away the money in order to perpetrate a fraud; nor, even if he who obtained a donation mortis causa from the freedman should have sold the property, and a bona fide purchaser has acquired it by usucaption.

Africanus, Questions, Book I. In the case of a donation mortis causa, where the capacity of anyone to receive the property is the subject of investigation, the time of death, and not that of the donation should be considered.

Africanus, Questions, Book I. A testator bequeathed his slaves, and made the following provision in his will: “I ask that you regard my slaves as worthy of their freedom, if they have acted meritoriously towards you.” It is the duty of the Prætor to compel freedom to be given the slaves, unless they have done something which renders them unworthy of obtaining their freedom, without such services being required of them as may be considered necessary for them to deserve it. The person who was asked to liberate them will still have the right to fix the time when he will do so; as, if he does not manumit them during his lifetime, his heir can be compelled to grant them their freedom immediately after his death.