eaths something belonging to him, but which he
thought belonged to another person, the legacy is good, for its validity
depends not on what he thought, but on the real facts of the case: and
it is clearly good if he thought it already belonged to the legatee,
because his expressed wish can thus be carried out.

12 If, after making his will, a testator alienates property which he has
therein given away as a legacy, Celsus is of opinion that the legatee
may still claim it unless the testator's intention was thereby to
revoke the bequest, and there is a rescript of the Emperors Severus
and Antoninus to this effect, as well as another which decides that
if, after making his will, a testator pledges land which he had therein
given as a legacy, the part which has not been alienated can in any case
be claimed, and the alienated part as well if the alienator's intention
was not to revoke the legacy.

13 If a man bequeaths to his debtor a discharge from his debt, the
legacy is good, and the testator's heir cannot sue either the debtor
himself, or his heir, or any one who occupies the position of heir to
him, and the debtor can even compel the testator's heir to formally
release him. Moreover, a testator can also forbid his heir to claim
payment of a debt before a certain time has elapsed.

14 Contrariwise, if a debtor leaves his creditor a legacy of what he
owes him, the legacy is void, if it includes no more than the debt,
for the creditor is thus in no way benefited; but if the debtor
unconditionally bequeaths a sum of money which the creditor cannot claim
until a definite date has arrived or a condition has been satisfied, the
legacy is good, because it confers on the creditor a right to earlier
payment. And, even if the day arrives, or the condition is satisfied,
during the testator's lifetime, Papinian decides, and rightly, that
the legacy is nevertheless a good one, because it was good when first
written; for the opinion that a legacy becomes void, because something
happens to deprive it of all material effect, is now rejected.

15 If a man leaves his wife a legacy of her dowry, the gift is good,
because the legacy is worth more than a mere right of action for the
dowry. If, however, he has never received the dowry which he bequeaths,
the Emperors Severus and Antoninus have decided by rescript that the
legacy is void, provided the general term 'dowry' is used, but good,
if in giving it to the wife a definite sum or thin