The Same, On the Lex Julia et Papia, Book VII. A legacy is understood to have been specifically bequeathed where the party who is charged with it is known, even though his name may not be stated.

Paulus, On the Lex Julia et Papia, Book VII. “I bequeath to Titius the usufruct of Stichus,” or, “if a ship should come from Asia, I bequeath the sum of ten aurei.” The legatee cannot demand the usufruct before the condition relating to the ten aurei is fulfilled, or has failed, in order that the heir may not be deprived of the power of giving whichever he chooses.

Paulus, On the Lex Julia et Papia, Book VII. Conditions relating to acts are of different kinds, and are susceptible, as it were, of a threefold division, that is to say where something must be given, or something must be done, or something must occur; or, on the other hand, where something must not be given, or not be done, or not occur. The conditions of giving something or of performing some act have reference either to those to whom a bequest was made, or to others; the third class depends upon some event taking place. 1The Treasury is obliged to comply witli the same conditions by which the person from whom the Treasury obtained possession of the property was bound; just as it can also claim the property which is the subject of the legacy, with any burdens attaching to the same.

Paulus, On the Lex Julia et Papia, Book VII. The Divine Pius forbade security from being exacted from a person who was directed to oversee the distribution of certain annual legacies, requiring him to return to the heir the shares of those who failed to accept them, unless he was expressly ordered to do so by the testator.

Paulus, On the Lex Julia et Papia, Book VII. By the Edict of the Divine Trajan, which I have cited, it is decided that if anyone, before information of his case was given to the Treasury, should declare that he had no right to retain the property in his possession, he could surrender half of it to the Treasury, and retain the other half for himself. 1The same Emperor afterwards determined by an Edict that where any woman stated, either publicly or privately, that a legacy had been bequeathed to her which she had no right to receive, and proved that it belonged to the Treasury, even if she did not have possession of the property, she would be entitled to half of what could be recovered by the Prefect of the Treasury. 2It makes no difference what the reason was which interfered with the right of receiving the legacy. 3Property which is concealed should be denounced, and not that which is in possession of the Treasury. 4The reward of a person who has denounced himself is not considered to pass to his heirs; but the Divine Hadrian stated in a Rescript that even if he who denounced himself should die before the property of which he gave notice was seized by the Treasury, the reward should be given to his heir. 5A letter of the same Hadrian is extant which says that if he who could have denounced himself was prevented from doing so by death, and his heir gives the information, he will obtain the reward; provided that it is clear that the deceased had the intention of denouncing himself, but if he dissimulated because he expected to conceal the property, his heir will be entitled to nothing but the ordinary reward. 6The Divine Brothers also stated in a Rescript that the heirs of those to whom an implied trust had been left could denounce themselves by the privilege of Trajan, if he to whom it had been granted was surprised by death, and was not able to denounce himself for want of time. 7When an implied trust was denounced before a will was opened by those who had undertaken to execute it, and then, after the will had been opened, it was again denounced by the beneficiary of the trust, the Divine Antoninus ordered the statement of the latter to be received, on the ground that the exceeding haste of the first informers was unworthy of reward; and as the beneficiary declared that he could not receive it, he appeared rather to make a disclosure with reference to his own right than to denounce another. 8The privilege of Trajan has reference to those who cannot take what is left to them by the will of the deceased. Therefore I cannot denounce what has been left to me by my slave. 9Those who are rejected as unworthy should be barred from claiming a reward of this kind; for instance, those who have proceeded against a will on the ground of its being inofficious, or have alleged that a will is forged, and have attacked its validity until the case was terminated. 10The Divine Hadrian and the Divine Pius stated in Rescripts that anyone who denounced himself by mistake, when he was entitled to receive the entire amount bequeathed to him, was not prejudiced by doing so.