2.1.296 to 2.1.297

(253) In subsequent times, however, during the Consulate of Trebellius Maximus and Annseus Seneca, a decree of the Senate was enacted, by which it was provided that where an estate was transferred under a trust, the actions to which the heir was entitled, and also those which could be brought against him under the Civil Law, should be granted for and against the beneficiary of the trust. Under this Decree of the Senate, the judicial securities formerly in use were abandoned, and the Prætor was accustomed to grant equitable actions both in favor of, and against the party who received the estate as heir, and these are set forth in the Edict. (254) But again, for the reason that the appointed heirs when requested to transfer either all the estate, or nearly all of it, refused to accept it on account of the little or no advantage received, and hence the trusts were extinguished, it was afterwards decreed by the Senate during the Consulate of Pegasus and Pusio, that the heir who was requested to transfer an estate should be permitted to retain a fourth part of the same, just as he is permitted to do under the Lex Falcidia ,in the case of legacies; and the same permission was granted where separate things were left under the terms of a trust. By the provisions of this Decree of the Senate, the heir himself sustains all the burdens of the estate, and he who receives the remainder of the estate as the beneficiary of the trust, occupies the position of a partial legatee; that is to say, of one to whom a portion of the property has been left; which species of legacy is called partition, because the legatee divides the estate with the heir. Hence, the result is that the stipulations usually entered into by the heir and the partial legatee also take place between the person who receives the estate as the beneficiary of the trust, and the heir; that is to say, that the profit and loss arising from the estate shall be divided among them pro rata .