ted
heir refuse to accept an inheritance from a suspicion that the
liabilities exceed the assets, it is provided by the SC. Pegasianum
that, on the petition of the person to whom he is requested to transfer,
he shall be ordered by the praetor to accept and transfer it, whereupon
the transferee shall be as capable of suing and being sued as the
transferee under the SC. Trebellianum. In this case no stipulations are
necessary, because by a concurrent operation of the two senatusconsults
both the transferor is protected, and all actions relating to the
inheritance pass to and against the transferee.

7 As, however, the covenants which had become necessary through the SC.
Pegasianum were disliked even by the older lawyers, and are in certain
cases considered injurious by the eminent jurist Papinian, and it being
our desire that our statute book should be clear and simple rather than
complicated, we have, after placing these two senatusconsults side by
side and examining their points of resemblance and difference, resolved
to repeal the SC. Pegasianum, as the later enactment, and to give
exclusive authority to the SC. Trebellianum, under which in future
all trust inheritances are to be transferred, whether the testator has
freely given his heir a fourth of the property, or more or less, or even
nothing at all: provided always, that when the heir has either nothing
or less than a fourth, it shall be lawful for him, under our authority
expressed in this statute, to retain a fourth, or to recover it by
action if he has already paid it over, the heir and the transferee being
capable both of suing and being sued in proportion to their shares in
the inheritance, after the analogy of the SC. Trebellianum; and provided
also, that if the heir voluntarily transfers the whole inheritance, the
transferee shall be able to sue and be sued on all actions relating to
the inheritance whatsoever. Moreover, we have transferred to the SC.
Trebellianum the leading provision of the SC. Pegasianum, whereby it was
enacted that when an instituted heir refused to accept an inheritance
offered to him, he could be compelled to accept and transfer the whole
inheritance if the intended transferee so desired, and that all actions
should pass to and against the latter: so that it is under the SC.
Trebellianum alone that the heir, if unwilling to accept, is now obliged
to do so, if the intended transferee desire the inheritance, though to
him personally no