g is specified, or
described generally by reference to the dowry deed.
16 If a thing bequeathed perishes through no act of the heir, the loss
falls on the legatee: thus if a slave belonging to another person, who
is given in this way, is manumitted through no act of the heir, the
latter is not bound. If, however, the slave belongs to the heir, who
manumits him, Julian says that he is bound, and it is immaterial whether
he knew or not that the slave had been bequeathed away from him.
17 If a testator gives a legacy of female slaves along with their
offspring, the legatee can claim the latter even if the mothers are
dead, and so again if a legacy is given of ordinary slaves along with
their vicarii or subordinates, the latter can be claimed even if
the former are dead. But if the legacy be of a slave along with his
peculium, and the slave is dead, or has been manumitted or alienated,
the legacy of the peculium is extinguished; and similarly, if the legacy
be of land with everything upon it, or with all its instruments of
tillage, by the alienation of the land the legacy of the instruments of
tillage is extinguished.
18 If a flock be given as a legacy, which is subsequently reduced to a
single sheep, this single survivor can be claimed; and Julian says that
in a legacy of a flock are comprised sheep which are added to it after
the making of the will, a flock being but one aggregate composed of
distinct members, just as a house is but one aggregate composed of
distinct stones built together. So if the legacy consists of a house,
we hold that pillars or marbles added to it after the making of the will
pass under the bequest.
20 If a slave's peculium be given as a legacy, the legatee undoubtedly
profits by what is added to it, and is a loser by what is taken from
it, during the testator's lifetime. Whatever the slave acquires in
the interval between the testator's death and the acceptance of the
inheritance belongs, according to Julian, to the legatee, if that
legatee be the slave himself who is manumitted by the will, because a
legacy of this kind vests from the acceptance of the inheritance: but
if the legatee be a stranger, he is not entitled to such acquisitions,
unless they are made by means of the peculium itself. A slave manumitted
by a will is not entitled to his peculium unless it is expressly
bequeathed to him, though, if the master manumits him in his lifetime,
it is enough if it be not expressly taken from
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