Pomponius, On Sabinus, Book I. No one is held to be a competent witness in his own case.

Pomponius, On Sabinus, Book I. If I disinherit my son by the appointment of an heir in the first degree, but do not disinherit him from the second degree of substitution, and if, while the first heir appointed is hesitating whether he will enter upon the estate or not, the son should die, the second heir, according to the rule which we have adopted, will have no rights under the will on account of having been improperly appointed in the beginning, since the son was not disinherited from the second degree. If this should occur in the case of a posthumous child, so that it is born during the lifetime of the father, by whom it was disinherited, and it should afterwards die, the same rule must be held to apply with reference to the substituted heir, since when this child was born he occupied the place of the one who survived.

Pomponius, On Sabinus, Book I. A child that is yet unborn may very conveniently be appointed an heir, in the following terms: “If, during my lifetime or after my death, a child should be born to me, I appoint him my heir”; or this may be done absolutely, without making mention of either time. If either of these contingencies is omitted, and the child is born, so far as the one which is omitted is concerned the will will be broken, because the said child is not understood to have been born subject to the condition under which it was appointed heir by the will.

Pomponius, On Sabinus, Book I. Trebatius says that the following is not correctly stated: “Whoever shall be my heir, let Stichus be free and my heir”, but that the slave will, nevertheless, become free. Labeo holds, and very properly, that he will also be the heir. 1I think it very probable that freedom can be absolutely granted to a slave, and that the estate can, at the same time, be bequeathed under some condition, in such a way, however, that both provisions will depend upon the condition.

Pomponius, On Sabinus, Book I. Where an heir is appointed for a time which is either certain or uncertain, he can claim possession of the estate, and can dispose of it as the heir. 1But if he should not claim possession of the estate, but postpones compliance with the condition, which he can very easily carry out (for instance, if the condition was that he should manumit a slave who is under his control, but he does not do so), in this case it is the duty of the Prætor to issue his edict designating the time within which the heir shall enter upon the estate. 2Likewise, if the heir cannot comply with the condition because it is not in his power (for instance, when it consists of something to be done by another, or depends upon some uncertain event, for example: “If he should become Consul”); and the Prætor should then decide, upon application of the creditors, that unless the estate was accepted and entered upon within a certain time, he would direct the said creditors of the estate to take possession of the property of the deceased, and, in the meantime, would order any of the property which it was necessary to dispose of to be sold by agents appointed for that purpose. 3Where, however, an heir is appointed under a condition, and the indebtedness of the estate is considerable, and is liable to be increased by the imposition of penalties, and especially where there is a public debt, the indebtedness should be discharged by means of an agent, just as where an unborn child is in possession of the estate, or there is a minor heir who has no guardian. 4And therefore he says that an investigation should be made with reference to those heirs who are absent, without wilfully being in default; but who are prevented either by acute or chronic illness from coming into court, and have no one to appear in their defence.

Pomponius, On Sabinus, Book XIII. It makes no difference in what degree an heir may be substituted for children.

Pomponius, On Sabinus, Book I. It is settled that a ward can, with the authority of his guardian in the presence of the Prætor, manumit his slave as well as before the said guardian acting as Prætor.

Pomponius, On Sabinus, Book I. A minor of twenty years of age, who is in the army, is not permitted to manumit his slave by will.

Pomponius, On Sabinus, Book I. A person who has been deprived of the management of his property cannot renew his obligation, unless he renders his position better.

Pomponius, On Sabinus, Book I. A woman is not permitted to accuse anyone in a criminal case unless she does so on account of the death of her parents or children, her patron or patroness, and their son, daughter, grandson, or granddaughter.