# Institutes of Gaius 2.1.326-331

Roman Law and Society, Institutes of Gaius, 2.1.326 to 2.1.331. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/institutes-of-gaius/2.1.326

(282) Moreover, where an heir disputes a legacy left by way of condemnation, an action can be brought against him for double the amount of the claim; but he can only be sued for simple damages where he acts as trustee. (283) Likewise, where anyone, through mistake, pays more than was due under the terms of a trust, he can recover the excess; but where, in the case of a legacy by condemnation, payment is made for more than was due, through mistake, the excess cannot be recovered. The same rule of law applies where nothing at all was due, and through some mistake or other, payment has been made. (284) There were formerly other differences which at present no longer exist. (285) For instance, aliens could take as beneficiaries of a trust, and which was, generally speaking, the original cause of trusts, but this was subsequently prohibited, and now a Decree of the Senate, enacted at the instance of the Divine Hadrian, provides that trusts left for the benefit of aliens shall be claimed by the Treasury. (286) Persons who are unmarried are, by the Lex Julia , relating to wills, prohibited from receiving estates and legacies, and formerly were considered capable of being the beneficiaries of a trust. (286a) Likewise, persons who have no children, and who for this reason under the terms of the Lex Papia lose half of their estates and legacies, were formerly considered capable of receiving the full benefit of trusts. Afterwards, however, they were forbidden by the Pegasian Decree of the Senate to enjoy the benefit of trusts, just as in the case of legacies and estates; and the property passed to those named in the will who have children, and, if none of them have any, to the people; as in the law with reference to legacies and estates which, for this or a similar reason, are deemed to have no owners.

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Roman Law and Society, Institutes of Gaius. Text: The Latin Library (thelatinlibrary.com), used with permission. Changes: HTML markup removed and the text divided into reading sections by Interlinea.
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