De legatis positiones

I.

The word for bequeathing legandi is at times general and embraces every last will: but at other times it is specific, as it is used here and refers to testamentary donations of individual things.

II.

From this the legacy legatum is named: either because it is bequeathed from the inheritance and as it were picked out delibetur, or because it is left by way of law, that is, in direct and civil words: the former pleased Florentinus, the latter Ulpian.

III.

A legacy is a donation left by the deceased, to be performed by the legatee.

IV.

There were formerly four types of legacies: today there is only one and it is simple: just as the nature, force, and power of a legacy and a trust fideicommissum are one and the same: except that even today a legacy is left imperatively, a trust by request, and not otherwise.

V.

First, however, we must look to the persons: to whom and by whom one can bequeath: then to the things, which can or cannot be bequeathed.

VI.

All who can make a will can bequeath.

VII.

And those who can be instituted as heirs can also be beneficiaries of a legacy.

IIX.

Therefore, to children under paternal power, and the prepubescent, and slaves, and indeed to all those who can receive by will, a legacy is rightly given, even if they themselves do not have the capacity to make a will.