6 It is, however, to be observed that the Emperor Hadrian once relieved
even a person who had attained his majority, when, after his accepting
the inheritance, a great debt, unknown at the time of acceptance, had
come to light. This was but the bestowal of an especial favour on
a single individual; the Emperor Gordian subsequently extended the
privilege, but only to soldiers, to whom it was granted as a class. We,
however, in our benevolence have placed this benefit within the reach of
all our subjects, and drafted a constitution as just as it is splendid,
under which, if heirs will but observe its terms, they can accept an
inheritance without being liable to creditors and legatees beyond the
value of the property. Thus so far as their liability is concerned there
is no need for them to deliberate on acceptance, unless they fail to
observe the procedure of our constitution, and prefer deliberation, by
which they will remain liable to all the risks of acceptance under the
older law.
7 An external heir, whether his right accrue to him under a will or
under the civil law of intestate succession, can take the inheritance
either by acting as heir, or by the mere intention to accept. By acting
as heir is mean, for instance, using things belonging to the inheritance
as one's own, or selling them, or cultivating or giving leases of the
deceased's estates, provided only one expresses in any way whatsoever,
by deed or word, one's intention to accept the inheritance, so long as
one knows that the person with whose property one is thus dealing has
died testate or intestate, and that one is that person's heir. To act as
heir, in fact, is to act as owner, and the ancients often used the term
'heir' as equivalent to the term 'owner.' And just as the mere intention
to accept makes an external heir heir, so too the mere determination not
to accept bars him from the inheritance. Nothing prevents a person who
is born deaf or dumb, or who becomes so after birth, from acting as heir
and thus acquiring the inheritance, provided only he knows what he is
doing.
TITLE XX. OF LEGACIES
Let us now examine legacies:--a kind of title which seems foreign to
the matter at hand, for we are expounding titles whereby aggregates of
rights are acquired; but as we have treated in full of wills and heirs
appointed by will, it was natural in close connexion therewith to
consider this mode of acquisition.
1 Now a legacy is a kind of gift left by a person deceased;
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