2 Liberty can be left to a slave by a trust charging an heir, legatee,
or other person already benefited by a trust of the testator's, with
his manumission, and it makes no difference whether the slave is the
property of the testator, of the heir, of the legatee or of a stranger:
for a stranger's slave must be purchased and manumitted; and on his
master's refusal to sell (which refusal is allowable only if the master
has taken nothing under the will) the trust to enfranchise the slave is
not extinguished, as though its execution had become impossible, but its
execution is merely postponed; because it may become possible to free
him at some future time, whenever an opportunity of purchasing him
presents itself. A trust of manumission makes the slave the freedman,
not of the testator, though he may have been his owner, but of the
manumitter, whereas a direct bequest of liberty makes a slave the
freedman of the testator, whence too he is called 'orcinus.' But a
direct bequest of liberty can be made only to a slave who belongs to the
testator both at the time of making his will and at that of his decease;
and by a direct bequest of liberty is to be understood the case where
the testator desires him to become free in virtue, as it were, of his
own testament alone, and so does not ask some one else to manumit him.
3 The words most commonly used to create a trust are I beg, I. request,
I wish, I commission, I trust to your good faith; and they are just as
binding when used separately as when united.
TITLE XXV. OF CODICILS
It is certain that codicils were not in use before the time of Augustus,
for Lucius Lentulus, who was also the originator of trusts, was the
first to introduce them, in the following manner. Being on the point of
death in Africa, he executed codicils, confirmed by his will, by which
he begged Augustus to do something for him as a trust; and on the
Emperor's fulfilling his wishes, other persons followed the precedent
and discharged trusts created in this manner, and the daughter of
Lentulus paid legacies which could not have been legally claimed from
her. It is said that Augustus called a council of certain jurists, among
them Trebatius, who at that time enjoyed the highest reputation, and
asked them whether the new usage could be sanctioned, or did not rather
run counter to the received principles of law, and that Trebatius
recommended their admission, remarking 'how convenient and even
necessary the practice was to citizens,' owing to the length of the
journeys which were taken in those early days, and upon which a man
might often be able to make codicils when he could not make a will.
And subsequently, after codicils had been made by Labeo, nobody doubted
their complete validity.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account