uardian accepts, under his own father's will, a legacy on behalf
of the pupil under his charge, the father having left nothing to him
personally, he is in no way debarred from impeaching his father's will
as unduteous on his own account.

5 On the other hand, if he impeaches the will of his pupil's father on
the pupil's behalf, because nothing has been left to the latter, and is
defeated in the action, he does not lose a legacy given in the same will
to himself personally.

6 Accordingly, that a person may be barred from the action impeaching
the will, it is requisite that he should have a fourth of what he would
have taken on intestacy, either as heir, legatee direct or fiduciary,
donee in contemplation of death, by gift from the testator in his
lifetime (though gift of this latter kind bars the action only if made
under any of the circumstances mentioned in our constitution) or in any
of the other modes stated in the imperial legislation.

7 In what we have said of the fourth we must be understood to mean that
whether there be one person only, or more than one, who can impeach the
will as unduteous, onefourth of the whole inheritance may be given them,
to be divided among them all proportionately, that is to say, to each
person a fourth of what he would have had if the testator had died
intestate.

TITLE XIX. OF THE KINDS AND DIFFERENCES BETWEEN HEIRS

Heirs are of three kinds, that is to say, they are either necessary,
family heirs and necessary, or external.

1 A necessary heir is a slave of the testator, whom he institutes as
heir: and he is so named because, willing or unwilling, and without
any alternative, he becomes free and necessary heir immediately on the
testator's decease. For when a man's affairs are embarrassed, it is
common for one of his slaves to be instituted in his will, either in
the first place, or as a substitute in the second or any later place, so
that, if the creditors are not paid in full, the heir may be insolvent
rather than the testator, and his property, rather than the testator's,
may be sold by the creditors and divided among them. To balance this
disadvantage he has this advantage, that his acquisitions after the
testator's decease are for his own sole benefit; and although the estate
of the deceased is insufficient to pay the creditors in full, the heir's
subsequent acquisitions are never on that account liable to a second
sale.

2 Heirs who are both family heirs and nec