Paulus, Opinions of Papinianus, Book V. Unless the creditors having prior claims are paid with the money of subsequent ones.

Papinianus, Opinions, Book VII. A testator solemnly indicated his wishes in a will, several copies of which were made at the same time; and he afterwards removed and erased some of these which had been deposited in a public place. Whatever provisions were legally made by said will, and which could be established by the other copies of the same which the testator did not remove, were not held to have been annulled. Paulus states that if the testator defaced the will in order that he might die intestate, and if those who desired to inherit ab intestato were able to prove this, the heirs mentioned in the will would be deprived of the property.

Ad Dig. 33,1,9Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. III, § 656, Note 1.Papinianus, Opinions, Book VII. A tract of land, which a testator desired to be hypothecated to secure legacies payable annually to his freedman, can be lawfully claimed by them on the ground of a trust, for the purpose of preserving the land. Paulus states that this rule also applies to other property belonging to an estate, to enable the legatee to be placed in possession of the same.