14 Contrariwise, if a debtor leaves his creditor a legacy of what he
owes him, the legacy is void, if it includes no more than the debt,
for the creditor is thus in no way benefited; but if the debtor
unconditionally bequeaths a sum of money which the creditor cannot claim
until a definite date has arrived or a condition has been satisfied, the
legacy is good, because it confers on the creditor a right to earlier
payment. And, even if the day arrives, or the condition is satisfied,
during the testator's lifetime, Papinian decides, and rightly, that
the legacy is nevertheless a good one, because it was good when first
written; for the opinion that a legacy becomes void, because something
happens to deprive it of all material effect, is now rejected.
15 If a man leaves his wife a legacy of her dowry, the gift is good,
because the legacy is worth more than a mere right of action for the
dowry. If, however, he has never received the dowry which he bequeaths,
the Emperors Severus and Antoninus have decided by rescript that the
legacy is void, provided the general term 'dowry' is used, but good,
if in giving it to the wife a definite sum or thing is specified, or
described generally by reference to the dowry deed.
16 If a thing bequeathed perishes through no act of the heir, the loss
falls on the legatee: thus if a slave belonging to another person, who
is given in this way, is manumitted through no act of the heir, the
latter is not bound. If, however, the slave belongs to the heir, who
manumits him, Julian says that he is bound, and it is immaterial whether
he knew or not that the slave had been bequeathed away from him.
17 If a testator gives a legacy of female slaves along with their
offspring, the legatee can claim the latter even if the mothers are
dead, and so again if a legacy is given of ordinary slaves along with
their vicarii or subordinates, the latter can be claimed even if
the former are dead. But if the legacy be of a slave along with his
peculium, and the slave is dead, or has been manumitted or alienated,
the legacy of the peculium is extinguished; and similarly, if the legacy
be of land with everything upon it, or with all its instruments of
tillage, by the alienation of the land the legacy of the instruments of
tillage is extinguished.
18 If a flock be given as a legacy, which is subsequently reduced to a
single sheep, this single survivor can be claimed; and Julian says that
in a legacy of a flock are comprised sheep which are added to it after
the making of the will, a flock being but one aggregate composed of
distinct members, just as a house is but one aggregate composed of
distinct stones built together. So if the legacy consists of a house,
we hold that pillars or marbles added to it after the making of the will
pass under the bequest.
Public-domain text, read in full here on John Shaqi.
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