Marcellus, Digest, Book X. The same rule applies where a soldier arrogates a son, or his grandson obtains the succession in the place of his son.

Marcellus, Digest, Book X. If an heir appointed by a soldier should voluntarily accept an estate, and, having been requested to do so, surrenders the whole of it, the rights of action arising out of the Trebellian Decree of the Senate are transferred. 1Where a soldier by his will manumits a slave whose freedom is not allowed to be granted by the Lex Ælia Sentia, or any other law, his act is void. 2The Edict of the Prætor, by which appointed heirs as well as legatees are excused from taking an oath, is also applicable to the wills of soldiers, just as in the case of trusts. The same rule applies where a condition is dishonorable. 3It is established that prætorian possession of the share of the estate to which he was entitled should be granted to a father who had personally emancipated his son, this being done in opposition to the provisions of the latter’s will, except with reference to such property as the son had acquired while in the service, and which he was free to dispose of testamentarily.

Marcellus, Digest, Book X. Where anyone bequeaths ten aurei to Titius, and charges him to pay the same to Mævius, and Mævius should die, the legacy will benefit Titius, and not the heir, unless the testator merely selected Titius as his agent. The same rule applies if you suppose a case of the bequest of an usufruct. 1Where an heir is charged to pay ten aurei to one of the freedmen of the deceased, and he did not indicate to which one it should be paid, the heir will be obliged to pay it to all the freedmen.

The Same, Digest, Book X. If my freedman, after having been returned to slavery, is afterwards liberated by another, he will become the freedman of the latter, and the person who manumitted him will have preference over me in obtaining prætorian possession of the estate of the freedman in opposition to the terms of the will.