2.1.321 to 2.1.325

(277) In like manner, although we cannot, after the death of a person who was our heir, appoint another in his stead, still, we can request him to transfer the entire estate, or a portion of the same, to another party when he dies; and for the reason that a trust may be created to take effect after the death of an heir, we may bring about the same result by inserting in the will: "When my heir Titius is dead, I desire my estate to belong to Publius Mævius"; and, whichever method is employed, Titius will leave his heir bound to transfer the estate under the terms of the trust. (278) Moreover, we can sue for legacies under the Formulary System, but we enforce the performance of trusts, at Rome, either before the Consul or the Prætor, who is especially charged by the law with this duty; in the provinces, however, it is done by the Governor. (279) Again, legal questions arising from trusts are decided in the City of Rome at all times, but those having reference to legacies only during the regular sessions of the tribunals. (280) The interest and profits of property left in trust are payable, provided the party charged with the trust is in default, but the interest of legacies is not payable; and this is stated in a rescript of the Divine Hadrian. I am aware, however, that it was held by Julianus that, where a legacy was left under the form of permission, the same rule applies as in the case of trusts, and this opinion is the one accepted at the present time. (281) Legacies bequeathed in the Greek language are not valid; trusts bequeathed in this way are valid.