tator has
already created a trust, may be asked to transfer either a thing left
to him, or any other thing belonging to himself or a stranger, provided
always that he is not charged with a trust to transfer more than he
takes by the will, for in respect of such excess the trust would be
void. When a person is charged by a trust to transfer a thing belonging
to some one else, he must either purchase and deliver it, or pay its
value.

2 Liberty can be left to a slave by a trust charging an heir, legatee,
or other person already benefited by a trust of the testator's, with
his manumission, and it makes no difference whether the slave is the
property of the testator, of the heir, of the legatee or of a stranger:
for a stranger's slave must be purchased and manumitted; and on his
master's refusal to sell (which refusal is allowable only if the master
has taken nothing under the will) the trust to enfranchise the slave is
not extinguished, as though its execution had become impossible, but its
execution is merely postponed; because it may become possible to free
him at some future time, whenever an opportunity of purchasing him
presents itself. A trust of manumission makes the slave the freedman,
not of the testator, though he may have been his owner, but of the
manumitter, whereas a direct bequest of liberty makes a slave the
freedman of the testator, whence too he is called 'orcinus.' But a
direct bequest of liberty can be made only to a slave who belongs to the
testator both at the time of making his will and at that of his decease;
and by a direct bequest of liberty is to be understood the case where
the testator desires him to become free in virtue, as it were, of his
own testament alone, and so does not ask some one else to manumit him.

3 The words most commonly used to create a trust are I beg, I. request,
I wish, I commission, I trust to your good faith; and they are just as
binding when used separately as when united.

TITLE XXV. OF CODICILS

It is certain that codicils were not in use before the time of Augustus,
for Lucius Lentulus, who was also the originator of trusts, was the
first to introduce them, in the following manner. Being on the point of
death in Africa, he executed codicils, confirmed by his will, by which
he begged Augustus to do something for him as a trust; and on the
Emperor's fulfilling his wishes, other persons followed the precedent
and discharged trusts created in this manner, and th