20 If a slave's peculium be given as a legacy, the legatee undoubtedly
profits by what is added to it, and is a loser by what is taken from
it, during the testator's lifetime. Whatever the slave acquires in
the interval between the testator's death and the acceptance of the
inheritance belongs, according to Julian, to the legatee, if that
legatee be the slave himself who is manumitted by the will, because a
legacy of this kind vests from the acceptance of the inheritance: but
if the legatee be a stranger, he is not entitled to such acquisitions,
unless they are made by means of the peculium itself. A slave manumitted
by a will is not entitled to his peculium unless it is expressly
bequeathed to him, though, if the master manumits him in his lifetime,
it is enough if it be not expressly taken from him, and to this effect
the Emperors Severus and Antoninus have decided by rescript: as also,
that a legacy of his peculium to a slave does not carry with it the
right to sue for money which he has expended on his master's account,
and that a legacy of a peculium may be inferred from directions in a
will that a slave is to be free so soon as he has made a statement of
his accounts and made up any balance, which may be against him, from his
peculium.
21 Incorporeal as well as corporeal things can be bequeathed: thus a man
can leave a legacy even of a debt which is owed to him, and the heir can
be compelled to transfer to the legatee his rights of action, unless the
testator has exacted payment in his lifetime, in which case the legacy
is extinguished. Again, such a legacy as the following is good: 'be my
heir bound to repair so and so's house, or to pay so and so's debts.'
22 If a legacy be a general one, as of a slave or some other thing not
specifically determined, the legatee is entitled to choose what slave,
or what thing, he will have, unless the testator has expressed a
contrary intention.
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