[De Invtiliter Relictis Legatis.] (2)

A legacy bequeathed before an heir is instituted is void, because a will derives its operation from the institution of an heir, and accordingly the institution of an heir is deemed the beginning and foundation of a will.

§ 230. For the same reason a slave cannot be enfranchised before an heir is appointed.

§ 231. Nor, according to my school, can a guardian be nominated before an heir is appointed: according to Labeo and Proculus he may, because no part of the inheritance is given away by the nomination of a guardian.

§ 232. A bequest to take effect after the death of the heir is void, that is to say, if limited in the following terms: ‘After my heir’s death I give and dispose,’ or, ‘let my heir give.’ The following limitation is valid: ‘When my heir dies,’ because the legacy is not to take effect after his death, but at the last moment of his life. A bequest to take effect on the day preceding the death of the successor is void. This distinction reposes on no valid reason.

§ 233. The same rules apply to enfranchisements.

§ 234. Whether a guardian can be nominated after the death of the heir, probably admits of the same divergence of opinion as whether he can be nominated before the appointment of the heir.