2.1.224 to 2.1.229

(189) When a slave belonging to another is appointed heir and he remains in the same condition, he should enter on the estate by the order of his master. If, however, he has been alienated by him, either during the lifetime of the testator, or after the death of the latter, before he makes up his mind whether he will accept the estate or not, he must act by the order of his new master; but if he has been manumitted, he can use his own judgment as to the acceptance of the estate. (190) If, however, a slave belonging to another is appointed heir with the period usually allowed for acceptance, it is understood only to date from the time when the slave himself knew that he had been appointed heir, and no obstacle existed to prevent him from notifying his master, in order that he might accept the estate by his order. (191) Let us next consider legacies, a part of the law which does not seem to have any reference to the subject under consideration, for we are discussing these legal titles by which rights are acquired by us in the aggregate; but we have, at all events, to discuss wills and testamentary heirs, and it is not without reason that this legal subject should, in the next place be examined. Concerning legacies. (192) There are four kinds of legacies, for we either make bequests by asserting a claim, by condemnation, by permission, or by way of preference. (193) We bequeath legacies by way of claim as follows: "I give and bequeath my slave Stichus to Lucius Titius"; or if only one of the expressions, "I give" or "I bequeath" be employed, the legacy is properly bequeathed by way of claim, and the prevailing opinion is that if the bequest was made in the following language: "Let him take," or "Let him have for himself," or "Let him seize"; the legacy will also be bequeathed as a claim.