2.1.218 to 2.1.223

(183) What we have stated with reference to the substitution for children under the age of puberty, whether they have been appointed heirs or disinherited, we understand also to apply to posthumous children. (184) We cannot, however, appoint a substitute for a stranger who is appointed an heir in such a way that if the stranger should become the heir and die within a certain time, another shall be his heir; but we are only permitted to bind him by means of a trust to transfer our estate, either wholly or in part, and what this rule is we shall explain in its proper place. (185) Freemen as well as slaves, whether they belong to us or to others, may be appointed heirs. (186) A slave belonging to us must, however, be appointed heir and declared to be free at the same time, that is to say, in the following manner: "Let Stichus, my slave, be free and my heir," or "Let him be my heir and be free." (187) For if he is appointed heir without the grant of his freedom, even if he should subsequently be manumitted by his owner, he cannot be the heir, because his appointment, in the first place, is not valid, and therefore although he may have been alienated, he cannot declare his acceptance of the estate, even by the order of his new master. (188) When a slave is appointed with the grant of his freedom, and remains in the same condition he becomes free by the terms of the will, and hence is a necessary heir. If, however, he should be manumitted by the testator himself, he can use his own discretion as to entering on the estate. If he is alienated, he should enter on the estate by the order of his new master, for which reason the latter becomes the heir through him, as he himself cannot be either the heir, or free.