2.1.332 to 2.1.334

(287) Again, in former times, property could be left under the terms of a trust to an uncertain person, or to a posthumous stranger, although he could neither be appointed an heir nor a legatee; but, by a Decree of the Senate, enacted at the instance of the Divine Hadrian, the same rule which applied to legacies and estates was adopted with reference to trusts. (288) Likewise, there is no doubt that property cannot be left under a trust by way of penalty. (289) Although in many branches of the law a much broader application to trusts exists than in the case of direct bequests, in other respects they are equally valid; still, a guardian cannot be appointed by will unless this is done directly, for instance, as follows: "Let Titius be the guardian of my child"; or "I appoint Titius guardian of my children"; but he cannot be appointed under a trust. Roman Law Homepage Rome Law Texts