2.1.302 to 2.1.305

(259) It makes no difference, however, whether anyone who is appointed heir to the entire estate is asked to transfer all, or a portion of the same; or whether he who was appointed heir to a share is asked to transfer the entire share, or only a portion of it, for, in this instance also, the rule of the Pegasian Decree of the Senate is understood to apply to the fourth part of the share. (260) Anyone can also leave single articles under a trust, as for instance, a tract of land, a slave, a garment, silver plate, money; and he may either charge the heir himself, or a legatee to deliver it, although a legatee cannot be charged with a legacy. (261) Likewise, not only the property of the testator can be left under the terms of a trust, but also that of an heir, a legatee, or any other person whomsoever. Hence, a legatee may not only be charged to deliver the legacy bequeathed to him to another, but he may also be charged with the delivery of anything else belonging either to himself or to another; only it must be observed that no one can be asked to deliver to others more than he himself received under the will, for any bequest in excess of this would be void. (262) Moreover, when property belonging to another is left under the terms of a trust, it is necessary for the party who is asked to deliver it either to purchase and transfer the said property, or to pay its value; just as in the case where property belonging to another is bequeathed by condemnation. Still, there are some authorities who hold that if the owner refuses to sell property left under the terms of a trust, the trust will be extinguished; though the rule is different where a legacy is bequeathed by condemnation.