Valens, Trusts, Book I. “Let Stichus be free, and I request my heir to teach him a trade, in order that he may be able to support himself.” Pegasus says that the trust is void, because the kind of trade was not stated. But the Prætor or the Judge must determine, in accordance with the intention of the deceased, and the age, position, character, and talents of the slave to whom the bequest was made, what trade it would be best for the heir to teach him at his own expense.

Valens, Trusts, Book I. Where maintenance is left by the terms of a trust, and the amount is not stated, what the deceased was accustomed to furnish the legatee must be learned before anything else is done, and then what he left to others of the same rank must be ascertained. If neither of these things can be found out, the amount must then be determined according to the means of the deceased, and the affection which he entertained toward the party for whose benefit the trust was created. 1A testator, who was already under obligations to provide support for the freedmen of his brother, bequeathed to them certain vineyards by his will, with the following addition: “That they may have them in order to provide themselves with food.” If he left them these vineyards instead of the support which he was obliged to provide, they should not be transferred under the terms of the trust, unless the heirs are freed from the obligations imposed by the will; for if this should fail to be done, and he should afterwards bring suit under the will, the heir could protect himself by an exception on the ground of fraud; that is to say, if the vineyards were not worth less than the amount furnished for support. The addition, “That they may have them in order to provide themselves with food,” rather shows the reason for making the bequest, than an intention to establish an usufruct.

Valens, Trusts, Book I. The following rule which has been handed down, namely, that where several conditions have been imposed with reference to grants of freedom, the one which is the most easily complied with, and, in the case of legacies, the last one, shall be considered.

Valens, Trusts, Book I. This has reference not only to provisions which are often dependent upon different conditions, but also to dispositions which are at first absolutely made, and have afterwards become conditional. Therefore, where the heir is ordered to pay something absolutely, or where the bequest is absolute, and the same property is subsequently bequeathed under a condition, the last bequest will be valid. If the property is first left under a condition and afterwards absolutely, it will be payable immediately. If, however, the legacy is bequeathed absolutely and the heir is charged or requested to pay it at once under a certain condition, it is the same as if the bequest had been made in two places, so that, if the legatee desires, he can bring suit for its recovery immediately, or it can be claimed by the heir when the condition has been fulfilled, unless the legacy has only been mentioned the second time by way of calling attention to the first, for example, “Let my heir give Stichus to the party to whom I have bequeathed him, if he does such-and-such a thing,” for, in this instance, the testator is not considered to have made this provision for the purpose of revoking the bequest, and changing it to a conditional one, and if the legatee should bring suit to recover the property before the condition was complied with, an exception on the ground of bad faith will be a bar to further proceedings.

Valens, Trusts, Book I. “I charge my heir to pay to Titius ten aurei at some time or other.” There is no doubt that the heir owes ten aurei, but it is uncertain when he owes them. It seems that the legacy will take effect, and can be demanded of the heir as soon as he is able to pay it.

Valens, Trusts, Book II. If I bequeath a hundred aurei to you, and to the one of my three children who may come to my funeral, the legacy will not be diminished, so far as you are concerned, if none of the children should come.

Valens, Trusts, Book II. A man who left several freedmen devised a tract of land to three of them, and requested them to see that its name was not changed. The question arose if, when the first one of the three died, he would be obliged to leave his share to both of his co-legatees who were joined with him in the legacy, or only to one of them; or whether he could leave it to another who was his fellow-freedman. It was decided that although this was a question of intention, still, the wishes of the testator would be sufficiently complied with if the legatee should leave the land to another of his fellow-freedmen. Where, however, he did not give it to any, could it not be doubted whether the claim for the execution of the trust would belong to the more diligent of the fellow-freedmen, or to all of them; or whether it would only belong to those to whom the legacy was jointly bequeathed? Julianus very properly held that the claim belonged to all the freedmen.

Valens, Trusts, Book II. Ten aurei can be left to be paid annually to a son under paternal control, as long as he is in the power of his father.

Valens, Trusts, Book II. Where a bequest has been left to a town, it cannot be converted to any other use than that intended by the deceased, without the authority of the Emperor; and therefore, if the deceased directed a work to be constructed with it, which cannot be done after the reservation of the fourth authorized by the Falcidian Law, it is permitted for the sum of money to be employed for whatever may appear most necessary for the benefit of the town. The rule is the same where several sums of money are bequeathed for the construction of several works, and, after the deduction under the Falcidian Law, the remainder is not sufficient for the construction of them all, for the money is allowed to be expended for any single work which the State may wish to have constructed. Where, however, money was bequeathed in order that its income may be used for hunting, or for exhibitions, the Senate forbade it to be used for such purposes, and permitted the legacy to be expended upon what was most needed by the city, and to recognize the munificence of the person who made the bequest, authorized that the fact should be commemorated by an inscription.

Valens, Trusts, Book III. If, upon my application, and, under the decree of the Prætor, you accept an estate suspected of being insolvent, and I should afterwards be unwilling to have it transferred to me, or to concern myself with it, the following course (which is not improperly approved by Octavenus) should be pursued, namely, the Prætor should grant actions against me just as if I had received the estate; which opinion is perfectly correct. 1At the same time when you have formed a design to defraud your creditors, you can enter upon an estate suspected of being insolvent, and transfer it to me, without running the risk of an interdict on the ground of fraud; because, even though you were not charged with the trust in my favor, you are at liberty to refuse to accept the estate, and by doing so can defraud your creditors; and I will not act dishonorably in accepting the said estate which your creditors could not have compelled you to enter upon if I had not required you to do so. 2Where a son, who is his own master, becomes the heir of his father, and is charged by him to transfer his estate to me; and, having formed the design of defrauding his creditors, transfers the estate to me under the decree of the Prætor, after having pretended that he believes it to be insolvent, there will hardly be ground for the application of an interdict based on fraud; because if the property of his father had been sold, his creditors could not have obtained anything belonging to him out of the estate; unless the creditors of the son himself should be heard, if they ask to be permitted to sell the property of the son without including that of the father. 3If the heir, for the purpose of making a donation, should say that he suspects the estate of being insolvent, and should transfer it to someone who has no right to take it, the beneficiary of the trust shall be deprived of that to which he is not legally entitled. The same rule will apply where the fiduciary heir does this without the intention of making a donation.

The Same, Trusts, Book IV. Where an heir, who was asked to transfer an estate by a person who was bankrupt at the time of his death, alleges that he thinks that it is insolvent, there is no doubt that, under the present interpretation of the Trebellian Decree of the Senate, he can be compelled to transfer the estate, and, even though he should accept it voluntarily, it must be: transferred under the said Decree, although, if a certain sum of money, or a specified article of property should be given in trust by one who is insolvent, it is considered not to be due, just as if it had been directly bequeathed; for, in this instance, the person to whom the property is left in trust takes the place of a legatee, while, in the former one, he takes the place of the heir. 1If, having been charged to transfer an estate, you accept it voluntarily, and deliver it without deducting the fourth, it will be difficult to believe that you have done this rather through ignorance, than for the purpose of more completely executing the trust. If, however, you can prove that you did not reserve the fourth through mistake, you can recover it.

Valens, Trusts, Book V. Nerva and Atilicinus very properly held that where a legacy was bequeathed to you, or a trust was left requiring you to perform some act, even if it was not to the interest of the heir for this to be done, the right to bring an action should be denied to you, if you did not furnish security to the heir to comply with the will of the deceased.

Valens, Trusts, Book V. If I should bequeath certain property to you, and ask you to deliver it to Titius, and then should leave you the same property under a trust, but should not request you to deliver it to anyone, the question arises whether it is in your power to select the property under the terms of the second trust in order to avoid the execution of the first one. It has been established that it is better to take into consideration the last provision of the will.

Valens, Trusts, Book V. Where a freedwoman is the concubine of her patron, it is settled that he cannot bring an action against her to compel the performance of services, any more than if she was married to him.

Valens, Trusts, Book V. Arrianus Severus, Prefect of the Treasury, in a case where the estate of one who had been secretly charged with a trust for the benefit of a person who could not receive it, and the property of the trustee was confiscated, decided that he to whom the trust had been left had still the right to give information, according to the Constitution of the Divine Trajan. 1Moreover, for the reason that some persons display ingratitude towards the privilege granted by the Divine Trajan, and, after they have revealed the existence of a secret trust, compromise with the possessors, and, after having been summoned by the Edict, fail to answer, it was decreed by the Senate that as much should be collected from him who had acted in this manner as the Senate would have obtained through the informer, if he had proved his allegations; and if the fraud of the possessor should be established before the Prefect, as much should be collected from him as he would have been compelled to pay if he had been convicted.

Aburnius Valens, Trusts, Book VI. Where a minor under twenty-five years of age is requested to manumit his slave, who is worth more than the legacy bequeathed in the will to said minor, and he accepts the legacy; he cannot be forced to grant freedom to the slave if he is ready to return the legacy. Julianus was of the opinion that, as minors have the right to decline a legacy if they are unwilling to manumit a slave; so a minor, in this instance, if he returns the legacy, is released from the necessity of manumission.

Valens, On Trusts, Book VI. The appraisement of such a slave should be made in the same way as that of one who is to become free under a certain condition. 1Where, however, the heir was charged to manumit a slave belonging to another, it was decided that the price of the said slave should also be deducted from the assets of the estate.

The Same, Trusts, Book VI. Campanus says that the Prætor should not allow the promise of any gift, present, or service to be imposed upon a slave who is manumitted under the terms of a trust. If, however, he permitted himself to be bound by an obligation, when he was aware that he could refuse, a suit to compel the performance of services should not be denied, because the slave is held to have donated them.

Valens, Trusts, Book VII. Javolenus gave it as his opinion, with reference to an heir who having been charged to pay a certain sum of money after the lapse of ten years paid it before the expiration of the time, that, if it could be proved that the trust had been left for the said period to benefit the party entitled to it, because he could not take care of the property, and the heir paid him the money before the time, knowing that he would squander it, he will, under no circumstances, be released from liability. If, however, the time had been fixed on account of the heir, in order that he might profit by the delay, it is understood that he will be released; and, indeed, it may be said that he paid more than he should have done.

Valens, Actions, Book VII. Sometimes, although the heir may have acted fraudulently and caused the property of the estate to be diminished, the legatee can not be placed in possession of it; as, for example, where he has rendered some of the land religious, or has publicly consecrated a part of the same, for instance, with the consent of the Emperor; or where he has manumitted a slave without the intention of defrauding creditors.