The Same, On Prescriptions, Book XII. It makes no difference whether a son who is disinherited accepts a legacy bequeathed to him, or obtains it through his son or slave, to whom it was left; in either instance he will be barred by an exception. Again if his slave is appointed heir, and the son manumits him before he directs him to enter upon the estate, so that he may do so of his own free will, and the son does this with a fraudulent design, he will be prevented from proceeding with his action. 1Where a son who has been disinherited makes a demand upon a statuliber for money due him, he is held to have accepted his father’s will. 2Where a son brings suit to obtain a legacy which was revoked, and, having failed, has recourse to a complaint for inofficiousness, he will not be barred by an exception; although by the mere fact of his bringing suit he approved of the will, still, some blame should be attributed to the testator, so that the claim of the son cannot reasonably be rejected. 3Where the son of a testator, along with Titius, was a debtor for a certain sum of money, and Titius was released by the terms of the will, the son will not be discharged from liability on account of the release of Titius; nor will his right to bring an action of inofficious testament be barred.

The Same, On Prescriptions. Anyone who accuses a guardian of being liable to suspicion, and calls in question his excuse for not accepting the guardianship, is understood to act in the name of another. 1He who is appointed an attorney in his own behalf should appeal within two days, because he is conducting his own case. 2No further time for appeal is granted to soldiers, and if, after having been defeated, they do not appeal and comply with the usual formalities, they shall not afterwards be heard.

Ad Dig. 49,14,10Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 58, Note 2.The Same, Prescriptions. I do not think that he violates his duty who, in questions which are doubtful, readily answers against the Treasury.

The Same, On Prescriptions. Letters of dismissal are those which are ordinarily styled letters of appeal. They are so called because by their means a case is sent to the court to which an appeal is made.

Ad Dig. 45,1,101Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 71, Note 8.The Same, On Prescriptions, Book IV. Persons who have arrived at the age of puberty can bind themselves under a stipulation without their curators.