his freedom was expressly given him in the testament,
because by alienating him his former master is presumed to have
renounced the intention of enfranchising him. When another person's
slave is instituted heir, if he continues in the same condition he
must have the order of his master to accept; if alienated by him in
the testator's lifetime, or after the testator's death but before
acceptance, he must have the order of the alienee to accept; finally, if
manumitted in the testator's lifetime, or after the testator's death but
before acceptance, he may accept or not at his own discretion.
2 A slave who does not belong to the testator may be instituted heir
even after his master's decease, because slaves who belong to an
inheritance are capable of being instituted or made legatees; for an
inheritance not yet accepted represents not the future heir but the
person deceased. Similarly, the slave of a child conceived but not yet
born may be instituted heir.
3 If a slave belonging to two or more joint owners, both or all of whom
are legally capable of being made heirs or legatees, is instituted heir
by a stranger, he acquires the inheritance for each and all of the joint
owners by whose orders he accepts it in proportion to the respective
shares in which they own him.
4 A testator may institute either a single heir, or as many as he
pleases.
5 An inheritance is usually divided into twelve ounces, and is denoted
in the aggregate by the term as, and each fraction of this aggregate,
ranging from the ounce up to the as or pound, has its specific name, as
follows: sextans (1/6), quadrans (1/4), triens (1/3), quincunx (5/12),
semis (1/2), septunx (7/12), bes (2/3), dodrans (3/4), dextans (5/6),
deunx (11/12), and as it is not necessary, however, that there
should always be twelve ounces, for for the purposes of testamentary
distribution an as may consist of as many ounces as the testator
pleases; for instance, if a testator institutes only a single heir,
but declares that he is to be heir ex semisse, or to one half of the
inheritance, this half will really be the whole, for no one can die
partly testate and partly intestate, except soldiers, in the carrying
out of whose wills the intention is the only thing regarded. Conversely,
a testator may divide his inheritance into as large a number of ounces
as he pleases.
6 If more heirs than one are instituted, it is unnecessary for the
testator to assign a specific share in the
|