Paulus, Questions, Book XI. The question arose where a son is given to you in adoption, for instance under this condition that, “after three years, you will give the same person to me in adoption”; whether any action will lie against you. Labeo thinks that there is no cause of action, for it is not in accordance with our customs for anyone to have a son temporarily.

The Same, Questions, Book XI. If Stichus was not deprived of the peculium when he was manumitted, it is held to have been granted; he cannot, however, sue debtors unless the rights of action have been assigned to him.

Paulus, Questions, Book XI. The question now arises whether property which was given by a husband to his wife during his lifetime should be held to constitute a trust. I answered that what she received should be considered separate and apart from the estate of her husband, and therefore was not included in a trust, because the woman would be entitled to it, even though there should be another heir. It is clear, however, that a husband cannot charge his wife with property of this kind for the purpose of delivering it to someone else.

The Same, Questions, Book XI. Latinus Largus: The following case recently occurred. A freedman appointed his patron heir to half of his estate, and his daughter to the other half. He charged his daughter to transfer her share to certain female slaves belonging to his patron, as soon as they should be manumitted; and if the said daughter should not become his heir, he substituted for her the same female slaves. As the daughter declined to become her father’s heir, the said female slaves, by order of their master, that is to say of the patron, entered upon the estate of the deceased. The slaves, having been manumitted by their master after a certain time, inquired whether they could demand the execution of the trust by their patron. Hence, I ask you to write to me what your opinion is on this point. I answered that, in this case, the trust did not seem to be repeated, but that one thing or the other, that is to say, either the trust or the estate itself had been granted by the testator. It is, however, under these circumstances better to hold that, the slaves being substituted, and entitled to the trust, were therefore called to the substitution. For when a trust is created to be executed by one of the heirs of a testator, in favor of the slave of another, subject to the condition of his obtaining his freedom, and the same slave is substituted for the said heir; although the substitution may be absolute, this is still considered to have been done subject to the same condition under which he was entitled to the trust.

Paulus, Questions, Book XI. A son under paternal control who had served in the army, at his death, charged his father to give Titius his peculium castrense. The question arose whether the heir could deduct a fourth of it. I said that the Falcidian Law, as interpreted by the Divine Pius, also included the successions of intestates where there had been trusts created; but in the case stated the peculium was not a part of the estate although I would hold that where a foreign heir was appointed it would become a portion of the estate by his entering upon the same. For when the peculium remains in the hands of the father, his ancient right continues to exist, and the property is still peculium. Nor is this contrary by the fact that the Falcidian Law applies to the wills of those who die in the hands of the enemy, since the fiction of the Cornelian Law creates both the estate and the heir. However, I do not doubt that the father ought also to enjoy the benefit of the law; for if, indeed, he is required to surrender the property as having belonged to the head of the family, the appointed heir, having failed to enter upon the estate under the will, can be sued by the legatees in conformity with the terms of the Edict. 1The consequence of this is that if the father should, in the meantime, obtain the fourth and the profits of the same, we can apply the Trebellian Decree of the Senate, and equitable actions can be brought in order that the property may become a part of the estate after restitution has been made.

The Same, Questions, Book XI. A patron who had been appointed heir to that portion of an estate to which he was legally entitled, having been charged to transfer the sixth part of the same, did so. In this instance the rights of action do not pass under the Trebellian Decree of the Senate, as the property which was transferred was not due, and therefore if this was done through mistake, it can be recovered.

The Same, Questions, Book XI. If I stipulate as follows with Seius, “Do you promise to pay any sum of money which I may lend to Titius, at any time?” and I receive sureties, and afterwards very frequently lend Titius money, Seius, as well as his sureties, will certainly be liable for all the sums loaned, and anything that can be obtained from his property should be credited equally upon all the debts.