2.1.293 to 2.1.295

(250) Therefore, when we have written: "Let Lucius Titius be my heir," we can add: "I ask you, Lucius Titius, and I beg you, that as soon as you can enter on my estate you deliver and transfer it to Gaius Seius"; and we can also ask him to transfer a part of the same. It is likewise permitted to leave the trust under a condition, or absolutely, or after a certain day. (251) After the estate has been transferred, he who transferred it will, nevertheless, continue to be the heir; and he who received the estate sometimes occupies the position of an heir, and sometimes that of a legatee. (252) Formerly, however, he did not occupy the position of either heir or legatee, but rather that of a purchaser; for in those days it was customary for the party to whom the estate was transferred to give a coin as an evidence of the purchase of the same; and the stipulations usually entered into between the vendor and the purchaser of an estate were accustomed to take place between the heir and the party to whom the estate was conveyed, that is to say, as follows: The heir stipulated with the party to whom the estate was transferred that he would be indemnified for anything which he might be compelled to pay on account of the estate, or might otherwise pay in good faith; and if anyone were to bring an action against him on account of the estate, that it would be properly defended; and, on the other hand, the party who received the estate stipulated that if anything should come into the hands of the heir which belonged to the estate it should be delivered to him, and also that he should be permitted, either as the agent or attorney of the heir, to bring any actions which the latter was entitled to bring in his own name.