Latin
2.1.298 to 2.1.301
Roman Law and Society, The Institutes of Gaius 2.1.298-301
Not analysed yet
(255) Therefore, if the appointed heir is asked to transfer no more than three-fourths of the estate, it will then be transferred under the Trebellian Decree of the Senate, and rights of action will be granted pro rata on both sides against the heir under the Civil Law, and against the beneficiary of the trust under the Decree of the Senate; for, although the heir continues to be such even with reference to that part of the estate which he has transferred, and actions for the entire indebtedness of the estate can be brought against him; still, he cannot be made liable for anything more, nor can actions be granted against him for any further claims beyond the amount of interest which he has in the estate. (256) If anyone is requested to transfer more than three-fourths of the estate, or all of it, there is ground for the application of the Pegasian Decree of the Senate. (257) When, however, the heir has once entered upon the estate, provided he does so voluntarily whether he retains a fourth of the same, or refuses to do so he will be liable to the entire indebtedness of the estate; but if he retains a fourth, stipulations should be entered into between the partial legatee and the heir with reference to their respective shares; but if he transfers the entire estate, a stipulation should be entered into just as if the estate had been purchased and sold. (258) But where the appointed heir refuses to enter on an estate for the reason that he says that he suspects it of being insolvent, it is provided by the Pegasian Decree of the Senate that, on the request of the party to whom he is asked to transfer it he may be compelled to accept and convey it, by order of the Prætor, and actions shall be granted both for and against him who received the estate as beneficiary of the trust, just as under the Trebellian Decree of the Senate. In this instance, no stipulations are required, because at the same time security is given to the party who transferred the estate, and rights of action with reference to the estate are transferred for and against the party who obtained it as beneficiary.