e same effect as actual disinherison by a father. For neither by the
civil law, nor by that part of the praetor's edict in which he promises
children who are passed over possession of goods against the will, is
a mother obliged to disinherit her son or daughter if she does not
institute them heirs, or a maternal grandfather to be equally precise
with reference to grandchildren by a daughter: though such children and
grandchildren, if omitted, have another remedy, which will shortly be
explained.

TITLE XIV. OF THE INSTITUTION OF THE HEIR

A man may institute as his heirs either free men or slaves, and either
his own slaves or those of another man. If he wished to institute
his own slave it was formerly necessary, according to the more common
opinion, that he should expressly give him his liberty in the will:
but now it is lawful, by our constitution, to institute one's own slave
without this express manumission--a change not due to any spirit of
innovation, but to a sense of equity, and one whose principle was
approved by Atilicinus, as it is stated by Seius in his books on
Masurius Sabinus and on Plautius. Among a testator's own slaves is to be
reckoned one of whom he is bare owner, the usufruct being vested in some
other person. There is, however, one case in which the institution of a
slave by his mistress is void, even though freedom be given him in
the will, as is provided by a constitution of the Emperors Severus and
Antoninus in these terms: 'Reason demands that no slave, accused of
criminal intercourse with his mistress, shall be capable of being
manumitted, before his sentence is pronounced, by the will of the woman
who is accused of participating in his guilt: accordingly if he be
instituted heir by that mistress, the institution is void.' Among 'other
persons' slaves' is reckoned one in whom the testator has a usufruct.

1 If a slave is instituted heir by his own master, and continues in that
condition until his master's decease, he becomes by the will both free,
and necessary heir. But if the testator himself manumits him in his
lifetime, he may use his own discretion about acceptance; for he is not
a necessary heir, because, though he is named heir to the testament, it
was not by that testament that he became free. If he has been alienated,
he must have the order of his new master to accept, and then his master
becomes heir through him, while he personally becomes neither heir nor
free, even though