Gaius, On the Provincial Edict, Book XXIII. Hence, where wine, oil, wheat, or money constitutes part of the estate, it should be used to pay the debts. If there are none of these articles, money must be collected from the debtors of the estate, and if there are no debtors, or they contest the claims against them, any superfluous property should be sold.

Gaius, On the Provincial Edict, Book XXIII. The Proconsul gives necessary heirs—not only those who are under the age of puberty but also all over that age—the power to reject an estate; so that although they are liable to the creditors of the same under the Civil Law, still, an action is not granted against them if they wish to relinquish the estate. And, indeed, he grants this privilege to those under the age of puberty, even if they have busied themselves with the affairs of the estate, but he also grants it to those over that age, where they have not done so. 1Nevertheless, where minors under the age of twenty-five years have rashly interfered with the affairs of the insolvent estate of their father, relief can be granted them by the general terms of the Edict, with reference to minors who are under that age; for if, being strangers, they should enter upon an insolvent estate, complete restitution can be granted them in compliance with the Edict. 2This privilege, however, is not conferred upon slaves who are necessary heirs, whether they are over, or under, the age of puberty.

Gaius, On the Provincial Edict, Book XXV. The property of a debtor must be sold in the place where he should defend the action; that is to say,

Gaius, On the Provincial Edict, Book XXIII. Or where he made the contract. The contract, however, is understood not to have been made in the place where the transaction was concluded, but where the money should be paid.

Gaius, On the Provincial Edict, Book XXIII. The indebtedness of an estate is also understood to be that for which suit can not be brought against the deceased, as, for instance, where he promised to pay at the time of his death; as well as where someone who had become surety for the deceased paid the debt after he died.

Gaius, On the Provincial Edict, Book XXIII. Although there may not be actual possession of the property, for the reason that there is nothing of which possession can be obtained, or because it cannot be acquired without a controversy, the creditor who has been placed in possession will be considered to be in the same position as if it had been obtained by him.

Gaius, On the Provincial Edict, Book XXIII. Under the term “parent” is not only included the father, but also the grandfather, the great-grandfather, and others in the male ascending line, as well as the mother, the grandmother, and the great-grandmother.