Julianus, Digest, Book X. For the expenses of a funeral are a debt of the dowry:

Julianus, Digest, Book X. Ad Dig. 12,1,19 pr.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 429, Note 2.The payment of money does not bind the party who receives it at all times, but only where it is understood that he shall be liable immediately. For where a party gives money mortis causa, he pays it out, but he does not bind him who receives it, unless something happens on which the obligation depends, as, for instance, where the donor recovered, or the party who received the money died before him. And where money is given in order that something may be done, so long as it is doubtful whether this will take place or not, liability will not exist; but, as soon as it becomes certain that it will not take place, the party who received the money will be liable; for instance, if I give Titius ten aurei under the condition that he will manumit Stichus before the next kalends, I will be entitled to no action before that time; but when the time has elapsed I can then bring suit, if the slave has not been manumitted. 1Where a ward lends money or pays it in discharge of a debt without the authority of his guardian, he has a right of action for recovery, if the money has been spent; or he will be released from the debt, for no other reason than that it is understood to have come into the hands of the party who received it through the act of the ward; therefore, if he who received the money as a loan or in payment of a debt, gives it to another party as a loan or a payment, then, if the money is spent, the party is liable to the ward, or he must discharge him from liability, and he will have a claim against the party to whom he paid the money, or he will be released from liability to him. For indeed, he who pays out the money of another as a loan, if it is spent, will have a claim against the party who received it; and likewise, he who pays out money to discharge a debt will be released from liability by the party who receives it.

Julianus, Digest, Book XXX. Where anyone agrees with his debtor that suit shall not be brought for the money if he swears that he did not “ascend the Capitol,” or that he had done or had not done anything else whatsoever; and the latter makes oath accordingly, an exception on the ground of the oath should be granted him, and if he has paid he can recover the money; for an agreement is lawful where, in any case whatsoever, it is made dependent upon the condition of an oath.

Julianus, Digest, Book X. Where an heir who is directed by the decision of a freedman to erect a monument for a certain sum, pays the money to the freedman, and he, having received it, does not erect the monument, he will be liable to an action for the recovery of the money.

Julianus, Digest, Book X. If a debtor and a surety unite in payment of a debt, they do not, in this instance, differ from two debtors who promise; wherefore, all that has been said with reference to the latter can also be applied to the former.

Julianus, Digest, Book X. Where anyone is obliged to deliver Pamphilus or Stichus, and delivers both of them at the same time, and afterwards either both or one of them should happen to die, he cannot recover anything; for what still remains will be applied to the payment of the obligation. 1Where a surety enters into an agreement that suit shall not be brought against him for money which is due, but through carelessness he pays it, he can bring a personal action against the stipulator to recover it, and therefore the principal debtor will remain liable, but he himself will be protected by his exception; nor does it make any difference whether the surety or his heir makes payment. If, however, the principal debtor should become heir to the surety, and pay the debt, he cannot bring an action for the recovery of the money, and he will be released. 2Where a woman believes that she is obliged to transfer property as dowry, and gives anything by way of dowry, she cannot bring suit for its recovery; for, leaving her mistaken opinion out of consideration, the question of duty remains, and what is paid on this account cannot be recovered by an action. 3Where a party promises in general terms to deliver a slave, the case is the same as where one is bound to give a slave or to pay ten aurei; and therefore if he delivers Stichus, thinking that he had promised to do so, he can bring an action for his recovery, and he will be released by giving any other slave whatsoever.

Julianus, Digest, Book X. The action for violating a sepulchre is, first of all, granted to him to whom the property belongs, and if he does not proceed, and someone else does, even though the owner may be absent on business for the State, the action should not be granted a second time against one who has paid the damages assessed. The condition of the person who was absent on business for the State cannot be held to have become worse, as this action does not so much concern his private affairs as it does the public vengeance.