Gaius, On the Provincial Edict, Book XV. Where a ward or an insane person is entitled to the possession of an estate for the purpose of expediting matters, it is established that the wishes of the guardian or curator must be consulted in the acceptance or the repudiation of the estate; and it is clear that if he does anything contrary to the interest of the said ward or insane person, he will be liable to an action on guardianship or curatorship.

Gaius, On the Provincial Edict, Book XVII. Where a son demands possession of the estate of his father in opposition to the terms of the will of the latter, and he has been substituted by the said will for his brother under the age of puberty, he will be excluded from the substitution.

Gaius, On the Provincial Edict, Book XV. The Prætor issued a separate Edict with reference to the wills of soldiers, for the reason that he was well aware that, according to the Constitutions of the Emperors, peculiar and extraordinary rights have been established with reference to their wills.

Gaius, On the Provincial Edict, Book XV. Ad Dig. 29,1,17 pr.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. III, § 553, Note 14.Where a soldier appoints heirs to certain property, as for instance, one to certain property in a city, another to certain lands in the country, and still another to other property, the appointments will be valid, for it will be considered just as if he had appointed the said heirs without assigning them their shares in the estate, and that he had distributed all his property through making his bequest to each one by preference. 1Julian also says that where a testator appoints one heir to his property obtained while a soldier, and another the heir to the remainder of the estate, this is to be understood to be the disposal of two distinct estates belonging, as it were, to two different men, so that that heir alone who was appointed for the property obtained while in the service shall be liable for debts incurred by the soldier while in the army, and he alone who was appointed heir to the remainder of the estate shall be bound to pay any debts contracted outside of the service. In this instance it seems to be proper to hold that where anything is due to the soldier from any source, it will be due by operation of law to either the former or the latter heir. If, however, either of the shares of the property should not be sufficient to pay the debts for which it is liable, and for this reason the party appointed heir to this share does not accept it, the other who did accept must be compelled either to take up the defence of the entire estate, or to pay the creditors in full. 2Where, in the same will, a soldier appoints a certain person his heir, and afterwards disinherits him, he will be held to have been deprived of the estate, while by the will of a civilian, an estate cannot be taken away by a mere disinheritance of this kind. 3If a father should be appointed heir to the castrense peculium by his son under paternal control, who is serving in the army, and he fails to take advantage of the will, and has some of the property in possession, or fraudulently relinquished it to avoid having possession, an action will be granted to the legatee against him. 4If a soldier should make a will while he is in the army, and a codicil after his term of service has expired, and he dies within a year of his discharge, it is held by many authorities that the codicil should be considered to have been made in accordance with the rule of the Civil Law; because it was not executed by a soldier, and it should not be held that it is confirmed by the will. Therefore there is no room for the application of the Falcidian Law in the case of any legacies bequeathed by the will, but this law is applicable to such legacies as are included in the codicil.

Gaius, On the Provincial Edict, Book XV. Documents procured by the schemes of interested parties, in like manner, are invalid, where they have reference to estates or legacies.

Gaius, On the Provincial Edict, Book XV. A father is not to be considered the equal of a patron to the extent that the Favian or Calvisian Action may be granted him, for the reason that it is unjust for freeborn men not to have unrestricted power to alienate their property.

Gaius, On the Provincial Edict, Book XV. Where a freedman has a patron, and the latter has children, and he appoints his patron heir to the share of his estate to which the latter is entitled, he should substitute his children for the same share, in order that, although the patron may die during the lifetime of the freedman, he can be considered to have satisfied the claims of his children. 1If a freedman has the emancipated son of his patron, and grandsons descended from another son, who is under the control of the grandfather, the freedman must only leave what he owes to the son, and not to the grandsons; for, in this instance, it makes no difference whether they are equally called to the succession of their grandfather, or not.

Gaius, On the Provincial Edict, Book XV. For it would be absurd to allow the same person to partly approve the will of the deceased, and partly reject it.

Gaius, On the Provincial Edict, Book XV. No one is considered to acquire something which he is obliged to deliver to another.