for him.
6 If a legacy is given of a thing belonging to another person, and the
legatee becomes its owner during the testator's lifetime by purchase,
he can obtain its value from the heir by action on the will: but if he
gives no consideration for it, that is to say, gets it by way of gift or
by some similar title, he cannot sue; for it is settled law that where
a man has already got a thing, giving no consideration in return, he
cannot get its value by a second title of the same kind. Accordingly, if
a man is entitled to claim a thing under each of two distinct wills, it
is material whether he gets the thing, or merely its value, under the
earlier one: for if he gets the thing itself, he cannot sue under
the second will, because he already has the thing without giving any
consideration, whereas he has a good right of action if he has merely
got its value.
7 A thing which does not yet exist, but will exist, may be validly
bequeathed:--for instance, the produce of such and such land, or the
child of such and such female slave.
8 If the same thing is given as a legacy to two persons, whether jointly
or severally, and both claim it, each is entitled to only a half; if one
of them does not claim it, because either he does not care for it, or
has died in the testator's lifetime, or for some other reason, the whole
goes to his colegatee. A joint legacy is given in such words as the
following: 'I give and bequeath my slave Stichus to Titius and Seius': a
several legacy thus, 'I give and bequeath my slave Stichus to Titius: I
give and bequeath Stichus to Seius': and even if the testator says 'the
same slave Stichus' the legacy is still a several one.
9 If land be bequeathed which belongs to some one other than the
testator, and the intended legatee, after purchasing the bare ownership
therein, obtains the usufruct without consideration, and then sues under
the will, Julian says that this action for the land is well grounded,
because in a real action for land a usufruct is regarded merely as a
servitude; but it is part of the duty of the judge to deduct the value
of the usufruct from the sum which he directs to be paid as the value of
the land.
10 A legacy by which something already belonging to the legatee is given
him is void, for what is his own already cannot become more his own
than it is: and even though he alienates it before the testator's death,
neither it nor its value can be claimed.
11 If a testator bequ
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