Marcianus, Trusts, Book II. Where a testator expressed himself as follows, “Let my heir give So-and-So such-and-such a tract of land, and pay ten aurei to Seius in addition,” there is no doubt that Seius can claim half of the land and ten aurei under the provision of the will.

Marcianus, Trusts, Book II. Where the property of a testator, which is said to be in the sea is bequeathed, it must be delivered after it has been recovered.

Marcianus, Trusts, Book II. Property which will be in existence at some future time, as an island which may be formed in the sea or in a river, can also be bequeathed. 1A servitude can also legally be bequeathed to a slave who owns an adjoining tract of land.

Marcianus, Trusts, Book II. “Let whoever shall be my heir be required to pay, and I charge him to pay, whatever sums I mention.” Aristo says that corporeal property is also included in this provision, as, for example, lands, slaves, clothing, and silver plate; because the term “whatever” does not merely refer to money, as is evident where the legacy of a dowry and stipulations relating to a purchased estate are involved, and that the word “sums” should be understood in the same sense as in the instances above mentioned. Moreover, the intention of the deceased, which must be especially considered in the case of trusts, also depends upon this opinion; for the testator would hardly have intended his heir to only pay money when, after this preliminary statement, he added corporeal property.

Mæcianus, Trusts, Book II. The nature of conditions which have reference to the future is threefold; some relate to the time during which the testator may live, some relate to that following his decease, and some relate to both, and the date of their fulfillment may be either certain or indefinite. All these things are accustomed to be taken into consideration, not only in the case of trusts, but also with reference to the appointments of heirs, and the bequests of legacies. For instance, there is no doubt that the following condition, “I bequeath to Titia, if she should marry me,” must be complied with during the lifetime of the testator; this one, however, “If he should attend my funeral,” cannot be complied with until after his death. The following one, namely, “If she should marry my son,” can be complied with either during the lifetime, or after the death of the testator. The first and the third of the conditions mentioned refer to an indefinite time, for the condition will be complied with whenever the girl marries; but the second condition has reference to a certain time.

Mæcianus, Trusts, Book II. A grant of freedom having been made under a condition, the decision was rendered that if neither the slave nor the heir was responsible for the condition not having been complied with, the slave would be entitled to his freedom. I think that the same opinion should be given where freedom is granted under the terms of a trust to slaves belonging to an estate. 1It is not absurd to hold that this rule also applies to the slaves of the heir. 2We cannot reasonably doubt that this is also applicable to slaves whom the heir was charged to purchase; for in this instance, it would be unjust for him to be compelled to purchase them as if the condition had been fulfilled, because it might happen that the owner would refuse to comply with the condition, in order to obtain the price of a slave, and not demand him as the condition.

Marcianus, Trusts, Book II. Not only stipulations, but also any other contracts which have been made under impossible conditions are considered to be of no force or effect; as, for instance, sales or leases, where they are dependent upon impossible events, are also void; because when an agreement is made between two or more persons the intention of all of them is taken in account, and there is no doubt that they think a contract of this kind cannot be executed, if a condition is imposed which they know to be impossible.

Mæcianus, Trusts, Book II. When a debtor owing several debts pays money, Julianus very properly holds that it ought to be considered as credited on the obligation which, at the very time he paid it, he could have been compelled to satisfy in full.