7 A mother or maternal grandfather is not bound to institute her or his
children or grandchildren; they may simply omit them, for silence on the
part of a mother, or of a maternal grandfather or other ascendant, has
the same effect as actual disinherison by a father. For neither by the
civil law, nor by that part of the praetor's edict in which he promises
children who are passed over possession of goods against the will, is
a mother obliged to disinherit her son or daughter if she does not
institute them heirs, or a maternal grandfather to be equally precise
with reference to grandchildren by a daughter: though such children and
grandchildren, if omitted, have another remedy, which will shortly be
explained.
TITLE XIV. OF THE INSTITUTION OF THE HEIR
A man may institute as his heirs either free men or slaves, and either
his own slaves or those of another man. If he wished to institute
his own slave it was formerly necessary, according to the more common
opinion, that he should expressly give him his liberty in the will:
but now it is lawful, by our constitution, to institute one's own slave
without this express manumission--a change not due to any spirit of
innovation, but to a sense of equity, and one whose principle was
approved by Atilicinus, as it is stated by Seius in his books on
Masurius Sabinus and on Plautius. Among a testator's own slaves is to be
reckoned one of whom he is bare owner, the usufruct being vested in some
other person. There is, however, one case in which the institution of a
slave by his mistress is void, even though freedom be given him in
the will, as is provided by a constitution of the Emperors Severus and
Antoninus in these terms: 'Reason demands that no slave, accused of
criminal intercourse with his mistress, shall be capable of being
manumitted, before his sentence is pronounced, by the will of the woman
who is accused of participating in his guilt: accordingly if he be
instituted heir by that mistress, the institution is void.' Among 'other
persons' slaves' is reckoned one in whom the testator has a usufruct.
Public-domain text, read in full here on John Shaqi.
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