Marcellus, Digest, Book XII. “Let whichever of my brothers, who shall marry our cousin, be my heir to three-fourths of my estate, and let the one who does not marry her be my heir to one-fourth of the same.” The said cousin either marries another, or does not wish to marry anyone. The brother who marries the cousin will be entitled to three-fourths of the estate, and the remaining fourth will belong to the other. If, however, neither of them marries the girl, not because they were unwilling to do so, but because she refused to be married, both of them will be admitted to equal shares of the estate; for generally, the condition: “If he should marry a wife; if he should pay a sum of money; if he should perform some act”; must be understood to mean that it is not his fault if he does not marry the woman, pay the money, or perform the act.

Marcellus, Digest, Book XII. A patron is held to be excused who rejects an appointment as heir, when he has been appointed heir by his freedman in a different way than he ought to have been. For if his slave should have been appointed sole heir to an estate, and on account of some accident was not able to enter upon it by order of his master, he can, with impunity, decline to accept the estate given him by the will.

Marcellus, Digest, Book XII. A certain man appointed Titius and Mævius his heirs, and bequeathed a hundred aurei to Titius, and both of them relinquished their rights under the will, and entered upon the estate as heirs-at-law. Titius cannot properly bring an action to recover his legacy. The same rule will apply where the testator bequeathed legacies to both the heirs.

Marcellus, Digest, Book XII. Where a master was killed by one of his slaves, and a slave who was owned in common by the deceased and another party detected the criminal, he should be liberated on account of the favor due to freedom, but the partner should be paid his share of the value of the slave.

The Same, Digest, Book XII. Where anyone owes me a slave under the terms of a stipulation and he surprises him in the act of committing a crime, and kills him with impunity, a prætorian action cannot be brought against him.

Marcellus, Digest, Book XII. Alfenus says the City of Rome includes all that is encircled by its walls; but Rome also consists of all the buildings which adjoin it, for it should not be considered to be merely bounded by its walls, for when we say that we are going to Rome, we do so according to the ordinary acceptation of these words, even if we live outside of the city itself.