Modestinus, Opinions, Book III. I stated as my opinion that even where a party succeeds on the ground that a testament is inofficious, any donations which the testator, while living, seems to have made in favor of the appointed heir, are not for that reason annulled; nor will an action lie to recover part of what was given to him by way of dowry.

Modestinus, Opinions, Book III. The risk of obligations for money lent attaches to the party by whose negligence it can be established that the risk was increased.

The Same, Opinions, Book III. Judgment having been rendered against a guardian, he delayed the execution of the judgment by taking an appeal. Herennius Modestinus gave it as his opinion that the judge who had jurisdiction of the appeal could also hold him responsible for interest during the intermediate time, if he ascertained that the appeal was fraudulently interposed for the purpose of delay. 1Lucius Titius, who owed the sum of a hundred aurei and interest on the same for a certain time, tendered and sealed up a smaller sum than he owed. I ask whether Titius did not owe interest on the money which he sealed up. Modestinus answered that if it was not agreed at the time of the loan that the debtor should be permitted to pay what he had borrowed by instalments, the payment of interest for the entire debt would not be affected; if, when the creditor was ready to receive the whole amount, the debtor who failed to make the payment of the entire sum only deposited a part of it. 2Gaius Seius borrowed a certain sum of money from Aulus Agerius on the following note: “The undersigned says that I have received, and I acknowledge having received from him, borrowed money to the amount of ten aurei, which I promise to pay to him on the Kalends of next July, together with the interest on the same that is agreed upon between us.” I ask whether interest can be collected on this instrument, and if so, how much. Modestinus answered that if it does not appear how much interest was agreed upon, it cannot be collected.