The Same, On the First of the Six Books Relating to the Imperial Decisions; or the Second Book of the Decrees. 1Pactumeius Androsthenes appointed Pactumeia Magna, the daughter of Pactumeius Magnus, heir to his entire estate, and substituted her father for her. Pactumeius Magnus, having been killed, and the rumor having been spread that his daughter was also dead, the testator changed his will, and appointed Novius Rufus his heir, with this preamble: “Let Novius Rufus be my heir, for the reason that I have not been able to retain those heirs whom I desired to have.” Pactumeia Magna applied to our Emperors, and the case having been heard, it was decided that she was entitled to relief, as this was in compliance with the wishes of the testator; and while there was a certain reason for the appointment of the other heir, still, as it was ill founded, it could not legally be interposed. Therefore, the decision was that the estate belonged to Magna, but that she would be compelled to pay the legacies bequeathed by the second will, just as if she herself had been appointed heir by the said will.

Paulus, From the Second Book of the Collection of Imperial Decisions in Matters Brought Before the Emperors; Embraced in Six Books. Where a son was charged by his father, “To deliver his estate to Titius, if he should die before he himself could administer his affairs,” and the son died after reaching the twentieth year, it was stated in a Rescript that the trust must be executed.

Paulus, The Six Books of Imperial Opinions rendered in Judicial Proceedings, Book I, Otherwise, Decrees, Book XI. Julius Phoebus, having made a will, appointed his three children heirs (that is to say, Phoebus and Heraclia by his first wife, and Polycrates by his second) to equal shares of his estate, and asked Polycrates, the younger brother, to give up the estate to his brothers, in consideration of receiving a certain tract of land; and he substituted the two other brothers, born of the same mother, for one another, if one of them should not become his heir. By a second will he made a pupillary substitution for Polycrates, if the latter should die before reaching puberty, and provided that this will should be opened by the mother, if the boy should die under that age. He then charged the two older brothers, if either of them should die without issue, to transfer his share to the survivor, or survivors, after deducting the property derived from the estates of their mother, and grandfather. The sister Heraclia died without leaving any children, and appointed her brother Phoebus, her heir. Polycrates brought an action to compel the execution of the trust, and gained his case before Aurelius Proculus, Proconsul of Achaia. An appeal having been taken by Phoebus alone, the other party to the suit being absent, he was defeated, because the words “The survivor or the survivors” included both brothers. Although reciprocal substitution was made only of the two oldest children, the intention of the father was held to be that he had excepted the property of the mother of the said children, because Polycrates had a different mother who was still living, and who had been charged to transfer to her son Polycrates the same legacies which had passed to her husband through his first wife having died intestate.

Paulus, In the First of the Six Books of the Imperial Decrees Rendered in Council; or the Imperial Decisions. Camelia Pia appealed from the decision of Hermogenes, which set forth that the judge who had jurisdiction over an estate to be divided between herself and her co-heir had divided not only the property, but the freedmen as well. It was decided that this had not been done in accordance with any law, and that the division of the freedmen was void; but that the appointment of the provisions made by the judge among the co-heirs should be confirmed without any alteration.

Book II of the Six Books of the Imperial Decrees having Reference to Judicial Investigations. Ilianus, a debtor of the Treasury, having many years before purchased a female slave named Evemeria under the condition that he should manumit her, did so. As the Agent of the Treasury did not find the property of the debtor sufficient to satisfy his creditors, he raised a question with reference to the status of Evemeria. It was decided that there was no ground for the exercise of the right of the Treasury, under which all the property of debtors is liable by the law of pledge, because the slave had been purchased under the condition of being manumitted, and if this had not been done, she would have been entitled to her freedom under the Constitution of the Divine Marcus.

Paulus, On the Six Books of Imperial Decrees having Reference to Judicial Inquiries, Book I. The question arose whether the expression, “The dowry shall be returned in case the marriage is dissolved,” refers not only to divorce, but also to death; that is to say, whether this was the intention of the contracting parties in the present instance; and several authorities think that it was the intention, while the contrary opinion is held by others. On this account, the Emperor decided that “the agreement was that, under no circumstances, the dowry should remain in the hands of the husband.