2.1.194 to 2.1.198

(164) Time to make up their minds, that is to say, a certain term for deliberation, is usually granted to foreign heirs in order that they may enter upon an estate within the prescribed period, and if they do not do so, they are barred from accepting it. Hence this is called "cretio ,"for the reason that the word "cernere "means, in one sense, to decide and to determine. [1] (165) Therefore, after the following clause: "Titius, be my heir," we should add: "and within a hundred days after you learn of your appointment, and are able to do so, you must state whether you accept or not; and if you do not do so, you shall be disinherited." (166) And if an heir appointed in this manner desires to accept, he should do so within the prescribed time, that is to say he should utter the following words: "As Publius Mævius appointed me his heir by his will, I decide to accept the estate"; but if he should not make such a declaration, after the time has elapsed he shall be excluded; nor will it be of any benefit to him to act as the heir, that is to say, for him to make use of the property of the estate just as if he were the heir. (167) But if an heir should be appointed without giving him time for deliberation, or be called to the succession as heir-at-law on the [1] By the Roman law, the beneficiary under a will was not permitted to accept or reject the estate until the death of the testator; before which event, of course, title to it could not vest. The cretio was adopted for the purpose of enabling creditors to present and collect their claims within a reasonable time. If the declaration of acceptance was not made within the period specified, the heir forfeited all his rights under the will. So long as the inheritance was not accepted, it was held, by a legal fiction, to personally represent the deceased, "Personam defuncti sustinet ,"who was presumed still to have possession. —ed.