2.1.230 to 2.1.233

(194) . A legacy bequeathed in this manner is so called because after the estate has been entered upon, the property immediately vests in the legatee by quiritarian right; and if the legatee claims the property from the heir, or from anyone else who has it in his possession, he should bring an action to recover it, that is to say, claim that the property is his by quiritarian right. (195) Jurists differ only upon one point, namely, Sabinus, Cassius, and our other preceptors hold that what has been bequeathed in this manner becomes the property of the legatee as soon as the estate has been accepted, even if he is ignorant that the legacy was left to him; but that after he does know it, and has rejected it, the legacy will no longer be valid. Nerva, Proculus, and the authorities of the other school, however, do not think that the bequest becomes the property of the legatee if he should refuse to accept it. But at present, in accordance with the terms of a Constitution of the Divine Pius Antoninus, the opinion of Proculus seems to be the one which has been adopted; for when a Latin was bequeathed to a colony in this manner, the Emperor said: "Let the decurions deliberate whether they wish him to be their property, just as if he had been bequeathed to an individual." (196) Only those things can be legally bequeathed, subject to be claimed, which belonged to the testator himself by quiritarian right. It has been decided however, that those, which are estimated by weight, number, or measure are required to only belong to the testator by quiritarian right at the time of his death; as for instance, wine, oil, grain, and coin. It has also been held that other property must have belonged to the testator by quiritarian right at both times; that is to say, when he made the will, and when he died, otherwise the legacy will be void.