2.1.265 to 2.1.272

(226) In consequence of this, the Lex Voconia was subsequently passed, by which it was provided that no one could, as a legatee, mortis causa ,take more than the heirs received. It is clear that by this law the heirs appeared to receive a part of the estate, but it still contained almost the same defect, for the testator could, in distributing his estate among many legatees, manage to leave so little to the heir that it [1] The ancient forms of legacies described above were greatly modified by Nero and his successors, and were entirely abolished by Justinian, who decreed that no distinction, in this respect, should exist between bequests of every description. —ed. would be of no advantage to him, for the sake of the profit, to assume the burdens of the entire estate. (227) Then the Lex Falcidia was enacted, by which it was provided that no more than three-fourths of an estate could be bequeathed; and therefore it was necessary for the heir to have a fourth part of the same, and this is the law at the present time. (228) The Lex Fufia Caninia also repressed inordinate license in the bestowal of grants of freedom to slaves, as we have stated in the First Commentary. Concerning inoperative legacies. (229) A bequest made before the appointment of an heir is void, for the reason that wills derive their force and effect from the appointment of an heir, and on this account the appointment of the heir is considered to be the beginning and foundation of the entire will. (230) A grant of freedom cannot be made before the appointment of an heir, for the same reason.