Paulus, On the Lex Julia et Papia, Book V. Recent laws are applicable to former ones unless they are opposed to them; and this may be established by many reasons.

Paulus, On the Lex Julia et Papia, Book V. The following appointment does not come under the head of such as are corruptly sought after; for instance, where a testator appoints an heir as follows: “Let Mævius be my heir, to the same portion to which Titius has appointed me to his heir”; for the reason that the appointment has reference to the past and not to the future. 1It may be asked, however, whether the same rule established by the Senate should be observed where the testator attempts to secure an estate for some other person; for instance, if he should say, “Let Titius be my heir, if he can show and prove that Mævius had been appointed his heir by his will”. There is no doubt that this comes within the terms of the Decree of the Senate.

Paulus, On the Lex Julia et Papia, Book V. Where a slave is appointed sole heir, just as he is permitted, at the same time, to enter upon the estate by the order of all his masters, so also he can legally enter upon it by the order of each one of them, at different times; for, because he enters upon it frequently, he is considered to do so for the sake of convenience, and on account of the right of his masters, and not by virtue of the will, in order to prevent the right of one from being prejudiced by the undue haste of another.

Paulus, On the Lex Julia et Papia, Book V. Where an heir has been orally appointed, and the bequests of the legacies have been reduced to writing; Julianus says that this instrument should not be understood to be a will in which the heir is not mentioned, but it should rather be considered a codicil, and I think this to be the more correct opinion.

Paulus, On the Lex Julia et Papia, Book V. Where an ox which has been bequeathed dies, neither his hide nor his flesh will be due from the heir. 1Where a ticket calling for grain is bequeathed to Titius, and he dies, certain authorities hold that the legacy is extinguished. This, however, is not correct, for anyone to whom a ticket of this kind, or an office in the army is bequeathed, is held to be entitled to the appraised value of the same. 2Labeo states that it was the opinion of Trebatius that a tract of land which is not in commerce, so far as you are concerned, can be legally bequeathed to you; but this Priscus Fulcinius says is not true. 3Proculus, however, says that, if anyone should charge a tract of land belonging to him which is not in commerce, so far as the heir is concerned, to be delivered to someone, he thinks that the heir will be bound to either give him the property itself, if it forms part of the estate of the testator, or if it does not, to pay him the value of the same; which opinion is correct. 4Ad Dig. 31,49,4Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 299, Note 7.Where a testator directs something to be paid, or some work to be done, or some service to be performed, it is held that those to whom a part of the estate has accrued must make payment, or perform the act, in proportion to their shares, and that they are also equally liable for the payment of other legacies.

The Same, On the Lex Julia et Papia, Book V. It has been decided that where wool is bequeathed, a garment made out of it is not included in the legacy. 1Likewise, where material such as wood is bequeathed, a ship or a chest of drawers made out of it cannot be claimed as part of the legacy. 2Where a ship, which has been bequeathed, is broken up, neither the ship itself, nor the materials of which it is composed, will be due. 3Where, however, a mass of metal is bequeathed, any cup made out of it can be demanded.

Paulus, On the Lex Julia et Papia, Book V. The transfer of a legacy is made in four ways. It can either be transferred by substituting one person for another; or this may be done by the party who directed it to be bestowed, so that another may give it; or where one kind of property is left instead of another, as ten aurei instead of a tract of land; or where the legacy was absolute, and it is transferred under a condition. 1If, however, I should give to Mævius what I have already given to Titius, although it is customary to hold that they are both charged with the delivery of the same property, still, the better opinion is that, in this case, the first legatee is deprived of the bequest, for where I say, “Let Seius be charged with giving what I have charged Titius to give,” I shall be considered to have said that Titius shall not deliver the property. 2Likewise, where ten aurei are bequeathed instead of a tract of land, certain authorities think that the first bequest is not revoked; but, as a matter of fact it is, for the last will is the one to be carried into effect.

Paulus, On the Lex Julia et Papia, Book V. It is established that he who has a right to make a will can, in the capacity of heir, acquire property by usucaption.

Paulus, On the Lex Julia, et Papia, Book V. Aufidius says that statues erected in public places for the purpose of honoring anyone whose property has been sold by his creditors cannot be acquired by a purchaser, but are public, whether they have been donated for the purpose of ornamenting the city, or remain the property of him in whose honor they have been raised, and that, under no circumstances, can they be removed.