2.1.287 to 2.1.292

Sabinus and Cassius think that a legacy can be legally bequeathed under a condition, but not absolutely; for, although the legatee may cease to be subject to the authority of the heir during the lifetime of the testator, still, the legacy must be understood to be void; because it would be considered as of no effect if the testator should die immediately after making his will, but that it would be valid if he should live longer would be absurd. The authorities of the other school, however, are of the opinion that a legacy left under a condition is inoperative, for the reason that we cannot be indebted any more conditionally than absolutely to those whom we have under our control. (245) On the other hand, it is settled that if anyone under your control is appointed an heir, he can be charged with the payment of a legacy to you, but if you should become an heir through him the legacy will be extinguished, because you cannot owe yourself a legacy. If, however, your son should be emancipated, or your slave manumitted or transferred to another party, and he himself should become the heir, or make the other party his heir, the legacy will be due. (246) Let us now pass to the consideration of trusts. (247) And first let us examine trusts connected with estates. (248) In the first place, it should be ascertained that the heir has been duly appointed according to law, and that he has been entrusted to transfer the estate to another; as otherwise, a will is void by which no one has legally been appointed an heir. (249) The proper forms of words creating a trust, and employed are: "I beg, I ask, I wish, I entrust"; and these are just as binding when used separately as when they are united in a single phrase.