Fideicommissorum libri
Ex libro II
Paulus, Trusts, Book II. When I am charged with a trust or a legacy for your benefit, and you are requested after a certain time to deliver the same to me, I do not think that this should be subject to the operation of the Falcidian Law, because I shall begin to receive the property subsequently as the beneficiary of a trust.
Paulus, Trusts, Book II. Where anyone is appointed an heir under the condition that his coheir will enter upon the estate, he can avail himself of the benefit of the Falcidian Law, even if his co-heir should enter upon the estate under compulsion; provided that he himself is not compelled to do so. 1Julianus says that under this Decree of the Senate an estate can be transferred to the agent of an absent beneficiary of the trust, if he should desire this to be done; provided, however, that he gives security to ratify the act, if the wishes of the absent party were not known. But it must be said that, if the heir alleges that he suspects the estate of being insolvent, he should not be compelled to accept it, if it is uncertain whether the beneficiary directed this to be done; even though a bond should be furnished, on account of the weakness of the security. If, however, he should enter upon the estate voluntarily, no great injury can result, but, if the beneficiary did not authorize it, the rights of action will not pass to him until he has ratified the transfer of the estate. 2If some wrong has been committed against a slave belonging to the estate, although an action will lie in favor of the heir on account of the said slave, still, the right of action under the Aquilian Law will not pass to the beneficiary of the trust, for only those rights pass which were included in the property of the deceased. 3If a Deputy is compelled to enter upon and transfer an estate at Rome, the beneficiary of the trust will be compelled to defend actions at Rome, although the heir is not compelled to do so. 4It is well to consider whether the beneficiary of the trust should be sued in the same place where the deceased ought to have been sued, and if the heir entered upon the estate voluntarily and transferred it, whether the beneficiary of the trust can make his defence in any one of three different places, namely, where the deceased was domiciled, or where the heir, or he himself, resides. Therefore, it must be held that the beneficiary of the trust should be sued either where he has his domicile, or where the greater part of the estate which was transferred is situated.