him, and to this effect
the Emperors Severus and Antoninus have decided by rescript: as also,
that a legacy of his peculium to a slave does not carry with it the
right to sue for money which he has expended on his master's account,
and that a legacy of a peculium may be inferred from directions in a
will that a slave is to be free so soon as he has made a statement of
his accounts and made up any balance, which may be against him, from his
peculium.

21 Incorporeal as well as corporeal things can be bequeathed: thus a man
can leave a legacy even of a debt which is owed to him, and the heir can
be compelled to transfer to the legatee his rights of action, unless the
testator has exacted payment in his lifetime, in which case the legacy
is extinguished. Again, such a legacy as the following is good: 'be my
heir bound to repair so and so's house, or to pay so and so's debts.'

22 If a legacy be a general one, as of a slave or some other thing not
specifically determined, the legatee is entitled to choose what slave,
or what thing, he will have, unless the testator has expressed a
contrary intention.

23 A legacy of selection, that is, when a testator directs the legatee
to select one from among his slaves, or any other class of things, was
held to be given subject to an implied condition that the legatee should
make the choice in person; so that if he died before doing so the legacy
did not pass to his heir. By our constitution, however, we have made an
improvement in this matter, and allowed the legatee's heir to exercise
the right of selection, although the legatee has not done so personally
in his lifetime; which enactment, through our careful attention to
the subject, contains the further provision, that if there are either
several colegatees to whom a right of selection has been bequeathed,
and who cannot agree in their choice, or several coheirs of a single
legatee, who differ through some wishing to choose this thing and others
that, the question shall be decided by fortune--the legacy not being
extinguished, which many of the jurists in an ungenerous spirit wished
to make the rule--; that is to say, that lots shall be drawn, and he on
whom the lot falls shall have a priority of choice over the rest.

24 Three persons only can be legatees who have testamentary capacity,
that is, who are legally capable of taking under a will.

25 Formerly it was not allowed to leave either legacies or fiduciary
bequests to unc