loss or profit can accrue under the transaction.
8 It makes no difference whether it is a sole or part heir who is under
a trust to another, or whether what he is requested to transfer is the
whole or only a part of that to which he is heir; for we direct that the
same rules shall be applied in the case of a part being transferred as
we have said are observed in the transference of a whole inheritance.
9 If the request addressed to the heir is to transfer the inheritance
after deducting or reserving some specific thing which is equal in value
to a fourth part thereof, such as land or anything else, the conveyance
will be made under the SC. Trebellianum, exactly as if he had been
asked after retaining a fourth part of the inheritance to transfer the
residue. There is, however, some difference between the two cases; for
in the first, where the inheritance is transferred after deducting or
reserving some specific thing, the senatusconsult has the effect of
making the transferee the only person who can sue or be sued in respect
of the inheritance, and the part retained by the heir is free from all
encumbrances, exactly as if he had received it under a legacy; whereas
in the second, where the heir, after retaining a fourth part of the
inheritance, transfers the rest as requested, the actions are divided,
the transferee being able to sue and be sued in respect of threefourths
of the inheritance, and the heir in respect of the rest. Moreover, if
the heir is requested to transfer the inheritance after deducting or
reserving only a single specific thing, which, however, in value is
equivalent to the greater part of the inheritance, the transferee is
still the only person who can sue and be sued, so that he ought well
to weigh whether it is worth his while to take it: and the case is
precisely the same, whether what the heir is directed to deduct or
reserve before transferring is two or more specific things, or a
definite sum which in fact is equivalent to a fourth or even the greater
part of the inheritance. What we have said of a sole heir is equally
true of one who is instituted only to a part.
10 Moreover, a man about to die intestate can charge the person to whom
he knows his property will go by either the civil or praetorian law to
transfer to some one else either his whole inheritance, or a part of it,
or some specific thing, such as land, a slave, or money: but legacies
have no validity unless given by will.
11 The
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