Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

'698 HERES. IITEES.
the state of Athens for want of heirs. This pro- might divide the hereditas among them as he
bably arose from a principle of Athenian law, ac- pleased. The shares of the heredes'were generally
cording to which no civic family was suffered to expressed by reference to the divisions of the As:
expire; and therefore the property of an intestate thus,'heres ex asse " is heres to the whole prowas always assigned to such person as was most petty; "heres ex dodrante," heres to threefit to be his successor and representative. WTith fourths; heres " ex semuncia," heir to one twentyaliens, and those illegitimate children who were fourth. (Cic. ad _1lt. xiii. 48, vii. 8; Cic. Pro
regarded as aliens, it was no doubt otherwise. COecinc, 6; Inst. 2. tit. 14. ~ 5.) If there were
(Meier, de Bon. Dam(2. p. 1481.) [C. R. K.] several heredes named, without any definite shares
2. RoNIAN. When a man died, a certain being given to them, the property belonged to
person or certain persons succeeded to all his them in equal shares. A heres might be instiproperty, under the naime of lier-es or lheredcs: tuted either unconditionally (p2re), or conditionally
this was a universal succession, the whole property (sub conditiole).
being considered a universitas. [UNIVERSITASr]. If the testator lhad a legal capacity to dispose,
Such a succession comprehended all the rights and and if his will was made in due form, the first inliabilities of the person deceased, and was ex- quiry as to the heres was, whether lie had a legal
pressed by the term Hereditas. The word here- capacity to take what was given to him. I-e imust
ditas is accordingly defined to be a succession to have this capacity at the time of the institution, or
all the rights of the deceased (Dig. 50. tit. 1(6. the institutioIl is null; and in order to take lie
s. 24.); and sometimes it is used to express the must have the capacity to take (Inst. 2. tit. 19.
property which is the object of the succ:ssion.l ~ 4), at the time of the testator's death, anld iat
The term pecunia is sometimues used to express the the time of accepting the inheritance. This capacity
whsole property of a testator or intestate (Cic. de might be expressed by the wvord "' testamientiInvent. ii. 21; Gaius, ii. 104); but it only ex- factio," all expression which had reference not
presses it as property, and therefore the definitiol of onlly to the legal capacity of the testator, but also
hereditas by peccunia would be incomplete. Cicero to the legal capacity of the person named heres.
(TYobp. 6) completes the definition thus:- " Here- As a geieral rule, only Roman citizens could be
ditas est pecunia quae imorte alicujus ad quempiam named as heredes in the will of a olseLan citizel;
pervelnit jure, nec ea anLt legata testamento aut but a slave could also be named heres, though lie
possessione retelnta." The negative part of the had no powver to mauke a will, and a filius-famuilias
definition excludes legacies, and property of the de- could also be lnamed heres, though lihe was under
ceased, the ownershlip of which is acquired by a sulf- the same incapacity; for the slave, if he belonged
ficient possession of it. The word "'jre " excludes to the testator, could, by his master's testaielnt,
the " bolooruni possessio," in opposition to wliich receive his freedom and become heres; and if lie
the hereditas is appropriately called "justa." The belonged to another, lie took the inheritance for
e-eres waas the person who acquired all that hacd be- the benefit of his miaster: the filius-familias inl like
longed to another, morte and jure; the etynlolo- maniner acquired it for his father. Persons, not
gical relation of the word to 7lerszs seems probable. Roman citizens, wrho had received the commercitun,
A person might becomle a beres by being named could take hereditates, legata and fideicommissa
as such (inzstditetzs, scrigpts, fiectes) iu a wVill, exe- by testaisent. (Cic. pro (tecin. 7, 32; Savigny,
cuited by a competent person, according to the forms Zeitscrlr/l?, vol. v. p. 229, Systenm, &c. vol. ii. p. 27.)
required by law [TEsTAiENTuAjl]. If a person lHeredes w-ere either Necessarii, Sui et Necesdied inltestate (intestatus), or haviing imade a will sarii, or Extranei. The heres necessarius was a
which was not vlalid, the inheritailce came to those slave of the testator, who was made a heres and
to whom the law gave it inm such cases, and was liber at the same time; ald he was called necescalled aereditas legitista or ib intestato. But a sarius, because of the necessity that he was unlder
msan could not die testate as to part of his property of accepting the hereditas. A slave Swas sometimes
and intestate as to another part, except he were a appointed heres, if the testator thought that lie was
soldier (ciJus sola voluntas inl testando spectatur). not solvent, for the purpose of evading the ignolniAccordingly, if a moan gave a part of the hereditas nia which was a consequlence of a person's proto one heres or more, and did not dispose of tile perty being sold to pay his debts, as explained by
rest, the heres or heredes took the whole. (Inst. Gaius (ii. 154, &c.). The heredes sui et necessarii
ii. tit. 14. ~ 5; Cic. de Ilaeeat. ii. 21; Vangerow, vwere sons and daughters, and the sons and dalughlPandlekten, &c. vol. ii. p. 5.) ters of a son, who were in the power of a testator
In order that a testamentary succession should but a grandson or granddaughter'could not be a
take place, the person dying must have such rights suus heres, unless the testator's son had ceased to
as are capable of being translmitted to another; be a suus heres in the testator's lifetime, either by
consequently neither a slave, nor a filius-familias, death or being released iiom lhis power. These
accordinlg to the old Roman lasv, could make a heredes sui were called necessarii, because of the
heres. Also, the person wsho is made heres must Inecessity that they were under, according to the
have a legal capuacity to be heres. civil laow, of taking the hereditas with its incunsThe institution of a heres was that formnality brances. Bust the praetor permitted such persons to
which could not be dispensed with ins a will. If refuse the hereditas (al).stizere se ab lhereditate),
the testator named no heres or heredes, and comn- and to allonw the property to be sold to pay the
plied with all the other legal forms, still his dispo- testator's debts (anl instance is smentioned by Cic.
sition of his property was not a will. The heres Phil. ii. 16); aald Ihe gave the samle privilege to u
called heres directus, or simlply heres, represented mancipated son (qui it causa mlancipii est). All
the testator, and was thus opposed to the heres other heredes are called extranei, and comprehend
fideicommissarius. [FIDEICOMIISSUAI.] The tes- all persons who are not in the power of a testator,
tator might either namle one person as heres, or such as emalncipated children. As a mother had
he might name several heredes (colieredes), and he 5no potestas over her children, the;y were extranei