Digestorum libri
Ex libro XLVI
Julianus, Digest, Book XLVI. Whenever an heir is insolvent, it is equitable that not only the creditors of the testator, but also those to whom bequests have been made, should obtain a separation of property, so that, after the claims of the creditors have been fully satisfied, the legatees may obtain their legacies entirely, or in part. 1If a freedwoman, who has been appointed heir, demands prætorian possession in accordance with the provisions of the will of the testator, who was not solvent, the question arises whether her own property should be separated from that of the estate. The answer is that relief should be granted to her patron, to prevent him from being oppressed by the indebtedness which his freedwoman contracted by retaining possession of the estate in accordance with the provisions of the will.