Julianus, Digest, Book XXXVII. Where a child is born after a will has been executed, and before a codicil is written, and anything is left to it in trust by the codicil, it will be valid. 1If, however, he to whom anything was given should die after the execution of the will, and before the codicil in which the bequest is made is executed, it will be considered as not having been written. 2Ad Dig. 29,7,2,2Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. III, § 630, Note 10.A rule peculiar to a codicil is that whatever is included in it shall be considered to have the same effect as if it had been included in the will. Hence freedom is not legally granted to a slave who, at the time of the execution of the will, was the property of the testator, but, when the codicil was executed, belonged to another. And, on the other hand, if the slave belonged to another at the time that the will was made, and at the time of the execution of the codicil had become the property of the testator, freedom is then understood to have been granted to a slave belonging to another; and therefore, although it cannot be directly bestowed, still recourse can be had to a trust. 3An insane person is not understood to have the power to make a codicil, for the reason that he is not considered to be competent to perform any other act; since, in the transaction of every kind of business, he is held to be in the position of one who is absent, or who takes no part in the transaction. 4Where an estate is fruitlessly bequeathed by a will, it cannot be confirmed by a codicil, but it can be claimed under a trust, with a reservation of the amount granted by the Lex Falcidia.

Julianus, Digest, Book XXXVII. A bequest of peculium is void where the slave dies during the lifetime of the testator, but if he should be living at the time of his death, the peculium will be included in the legacy.

Julianus, Digest, Book XXXVII. Where a legacy is absolutely bequeathed to Titius, and he is deprived of it under a certain condition, and dies while the condition is pending, even though the condition should fail, the legacy will not belong to the heir of Titius; for where a legacy once given is taken away under a condition, the effect is the same as if in the first place it had been left under the opposite condition. 1Where a bequest is made as follows, “Let my heir pay ten aurei to Titius, and if he should not pay them to Titius, let him pay the said ten aurei to Sempronius,” if Titius should die before the day when the legacy vests, Sempronius can legally claim the legacy, for it should be understood to have been transferred to him.

Julianus, Digest, Book XXXVII. It makes no difference whether so many aurei are payable every year, or the sum of a thousand aurei is to be paid at the end of the first year, and a slave is to be delivered at the end of the second, and grain at the end of the third.

The Same, Digest, Book XXXVII. Where a legacy is bequeathed to any one as follows, “When he shall have children,” and he dies leaving his wife pregnant, it is understood that the condition was complied with at the time of his death, and the legacy will be valid, provided a posthumous child should be born.