The Same, Questions, Book XV. Where a slave is given by a husband to his wife, mortis causa, he remains the property of the husband, as was held by Julianus. Moreover, if he receives his freedom and the estate at the same time, he will be the necessary heir of the husband, as nothing can be left to him without granting him his freedom.

Papinianus, Questions, Book XV. The opinion that an estate cannot be bequeathed by a codicil has been handed down from former times, and the reason for this is to prevent the will, which obtains all its force from the appointment of the heirs, from appearing to be confirmed by means of a codicil, which itself is dependent upon the will for its validity.

Papinianus, Questions, Book XV. Where a case is stated with reference to a trust which was left to several persons conditionally, and the testator, through mistake, omitted to substitute them for one another, but mentioned this reciprocal substitution in a second will, by which he made the substitution, the Divine Emperors Marcus and Commodus stated in a Rescript, that it was evidently the intention of the testator to create a reciprocal substitution of the beneficiaries of the trust; for, in the case of a trust, a mere conjecture can be admitted in order to establish the uncertain intention of the testator.

Papinianus, Questions, Book XV. The Rule of Cato is not applicable to either inheritances or legacies, the time of the vesting of which is not to be referred to the date of the death of the testator, but to that of the acceptance of the estate.

Papinianus, Questions, Book XV. Where an heir has entered into an illegal tacit agreement, he cannot avail himself of the Falcidian Law with reference to the portion which was the subject of the fraudulent contract. This rule was established by the Senate. Where, however, the share of the estate to which he was appointed heir is larger than that which he fraudulently agreed to deliver, he can retain the Falcidian fourth from the excess of his share under the will.

Papinianus, Questions, Book XV. Sometimes, however, this point has been stated differently in rescripts and the decisions of courts; for instance, where a trust is left not under the general term of heirs, but under the individual names of the parties interested.

Papinianus, Questions, Book XV. Titius was substituted as the heir of an insane person. The time prescribed for demanding prætorian possession does not run either against the appointed heir, or the substitute, as long as the insane person remains in the same condition, and if the curator of one who is insane acquires possession in his name, the time fixed for making the claim by those who are aware of the facts will not run against him. For a father can demand possession in behalf of his infant child, but if he fails to do so, the child will not, for that reason, be excluded. But what must be done if the curator refuses to make the application? Will it not be more just and proper to give possession to the next of kin to prevent the property from being without an owner? If this is admitted, the substitute can be compelled to give security to all those to whom the property should be transferred, if the appointed heir should die while insane, or if, having recovered his senses, he should afterwards die before accepting the estate; for the substitute himself might die during the lifetime of the insane person, and still he would not interfere with the claims of the others, if he himself should die before acquiring the estate.

The Same, Questions, Book XV. Municipal magistrates are understood to know what those to whom the highest interests of the State are entrusted are cognizant of.