United States or Norfolk Island ? Vote for the TOP Country of the Week !
3 Novation is another mode of extinguishing an obligation, and takes place when you owe Seius a sum, and he stipulates for payment thereof from Titius; for the intervention of a new person gives birth to a new obligation, and the first obligation is transformed into the second, and ceases to exist.
Is the income any sweeter which comes from cattle in which bees are generated, than from the bees themselves, such as work in their hives at the villa of Seius? Do you sell to the butcher the hogs which you raise at your farm for more than Seius sells his wild boars to the meat market?"
1 If two heirs, say Titius and Seius, are instituted, and Titius's share of the inheritance is either wholly exhausted in legacies specifically charged thereon, or burdened beyond the limit fixed by the statute, while no legacies at all are charged on Seius, or at any rate legacies which exhaust it only to the extent of one half or less, the question arose whether, as Seius has at least a quarter of the whole inheritance, Titius was or was not entitled to retain anything out of the legacies which had been charged upon him: and it was settled that he could keep an entire fourth of his share of the inheritance; for the calculation of the lex Falcidia is to be applied separately to the share of each of several heirs in the inheritance.
"About the latter, Mago the Carthaginian, and Cassius Dionysius and others have treated specially in different parts of their books, and it would seem that Seius has read their precepts and so has learned how to make more profit from his villa alone by such husbandry than others make out of an entire farm."
Accordingly, when a testator has written: 'Lucius Titius, be thou my heir, he may add: 'I request you, Lucius Titius, as soon as you can accept my inheritance, to convey and transfer it to Gaius Seius'; or he can request him to transfer a part. So a trust may be either absolute or conditional, and to be performed either immediately or on a specified future day.
"I do not know," said Merula, "whether what I can say on the subject of the profit to be derived from bees will satisfy you, Axius, but I have as my authorities not only Seius, who takes five thousand pounds of honey every year from the hives he leases, but also our friend Varro here, for I have heard him tell of two brothers Veiani, from the Falerian territory, whom he had under his command in Spain and who, although their father left them only a small house with a curtilage of not exceeding a jugerum in extent, nevertheless made themselves rich.
A penal legacy is one given in order to coerce the heir into doing or not doing something; for instance, the following: 'If my heir gives his daughter in marriage to Titius, or, conversely, 'if he does not give her in marriage to Titius, let him pay ten aurei to Seius'; or again, 'if my heir parts with my slave Stichus, or, conversely, 'if he does not part with him, let him pay ten aurei to Titius. And so strictly was this rule observed, that it is declared in a large number of imperial constitutions that even the Emperor will accept no legacy by which a penalty is imposed on some other person: and such legacies were void even when given by a soldier's will, in which as a rule so much trouble was taken to carry out exactly the testator's wishes.
4 Moreover, those obligations which are contracted by consent alone are dissolved by a contrary agreement. For instance, if Titius and Seius agree that the latter shall buy an estate at Tusculum for a hundred aurei, and then before execution on either side by payment of the price or delivery of the estate they arrange to abandon the sale, they are both released.
1 A legacy may also be transferred from one person to another, as thus: 'I give and bequeath to Seius the slave Stichus whom I. bequeathed to Titius, and this may be done either by a later clause of the will or by codicils; the result being that the legacy is taken away from Titius and simultaneously given to Seius.
To Seius Tubero, his Lieutenant, he committed the horse and the field; the infantry so disposed, that part might pass the level approaches into the wood, and the rest force the ramparts; this was the most arduous task, and to himself he reserved it; the rest he left to his Lieutenants.
Word Of The Day