2.1.210 to 2.1.213

(177) Where, however, the time for acceptance is fixed without mentioning disinheritance, that is to say as follows: "If you do not announce your acceptance of the estate, then let Publius Mævius be my heir," a different rule will apply; for if the party first appointed —even though he does not announce his acceptance —acts as heir, the substitute is only admitted to share in the estate, and both parties become heirs to equal portions of the same; and if he neither announces his acceptance, nor acts as heir, he will then be excluded from the entire estate, and the substitute will succeed to the whole of it. (178) It was held by Sabinus that a substitute is not admitted as long as the heir first in degree has the right to announce his decision, even though he should have acted as heir, and in that way have become the heir; but that when the time prescribed for making a decision has expired, the substitute could be admitted, instead of the party who had been acting as heir. It was held by others, however, that even while the term prescribed for making the decision was pending the heir, by the exertion of authority as such, would admit the substitute to share in the estate, and that the former could not again revert to his right to decide. (179) As we have stated above, we can not only appoint a substitute for our children under the age of puberty, who are subject to our authority, that is, if we have another heir and they should fail to inherit; but also even if they should become our heirs and die before reaching the age of puberty, another may be their heir; as for example, "Let my son Titius be my heir; and if my son does not become my heir, or if he should do so and die before he becomes his own guardian, then let Seius be my heir." (180) In this instance, if the son does not become the heir, the substitute will be the heir to the father; but if the son should become the heir and die before reaching puberty, the substitute will become the heir to the son himself. On this account there are, as it were, two wills, one that of the father, the other that of the son, just as if the son himself had appointed an heir; or, in fact, there is one will disposing of two estates.