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

LEGATUM. LEGATUS. 677
pcrsona). The notion of an uncertain person was legatum had become his (post dic2 legyati cedentem),
not of a person who could never be ascertained, it passed to his heres; or to use a phrase of Engifor in several of the instances mentioned by Gaius, lish law, the legacy was vested. The phrase
the person or persons would easily be ascertained " dies legati cedit" accordingly means "the time
(for instance "qui post testamentum consules de- is come at which the legacy belongs to the legatee,"
signati crunt "); but the notion of the uncertainty though the time may not have come when he is
was referred to the mind of the testator at the entitled to receive it; and " dies venit " denotes the
tille of making his testament. Accordingly the arrival of the day on which it can be demanded.
persona was not considered incerta, where he was (Dig. 50. tit. 16. s. 213.) If the legacy was left conone of a certain class, stch as cognati, though the ditionally there was no vesting till the condition
individual of the class might be uncertain till the was fulfilled. By the old law, legacies which were
event happened which was to determine who out left unconditionally or from a time named (in diemt
of the class was intended by the testator. Such a ceriumz) were vested from the time of the testator's
form of bequest was called a certa demonstratio death; but by the Lex Papia they vested from the
incertae personae. (Gaius, ii. 238.) A legatarius time of opening the will. The legacy might vest
must have the testamenti factio, and be under no immediately on the death of the testator and yet
legal incapacity. A legacy could not be left to a the testator might defer the time of payment. (Dig.
postumus alienus, nor could such a person be a 36. tit. 2. s. 21.) A legacy might also be left on a
heres institutus, for he was an incerta persona. It condition of time only, as a legacy to Titius wlea
has been explained who is a postumus [HERES, p. or if he should attain the age of fourteen years, in
601, a]:a postumusalienus is one who when born which case the words wclen and ft were considered
cannot be among the sui heredes of the testator. equivalent, a decision which has been adopted in
It was a question whether a legacy could be English law, in cases in which there is nothing in
legally (recte) left to a person, who was in the the will which gives the words "' when " or " if
power of another person who was made heres by a different signification. (Dig. 36. tit. 2. s. 5, 22;
the same will. The Proculiani denied that such a Hanson v. Graham. 6 Ves. p. 243.)
legacy could be left either pure or sub conditione. (Gainus, ii. 191 —245; Ulp. Fracg. tit. xxiv. &c.
(Gains, ii. 244.) But if a person who was in the Dig. 30 —32, &c.; Inst. ii. tit. 20-22; Paulus,
power of another was made heres, a legacy might S. R. iii. tit. 6.) [FrDEICOAIMISSUM.] [G. L.]
ble left (ab eo legaari) to the person in whose power LEGA'T US. Legati may be divided into three
lie was; for if such latter person became heres classes: 1. Legati or ambassadors sent to Rome
thereby (per ezmz), the legacy was extinguished, by foreign nations; 2. Legati or ambassadors sent
because a man cannot owe a thing to himself; but from Romne to foreign nations and into the proif the son was emancipated, or the slave was ma- vinces; 3. Legati who accompanied the Roman
numitted or transferred to another, and so the son generals into the field, or the proconsuls and praebecame heres, or so the slave made another person tors into the provinces.
heres, the legacy was due to the father or former I. Foreign legati at Rome, from whatever counmsaster. try they came, had to go to the temple of Saturn
Not only Res singulae could be given as a land deposit their nalne with the quaestors, which
legacy, but also a part of a universitas of things Plutarch (Quaest. Rom. p. 275, b.) explains as a
(universarum rerum) could be so given; thus remnant of an ancient custom; for formerly, says
the heres might be directed to share a half or he, the quaestors sent presents to all legati, which
any other part of the hereditas with another, were called lautia, and if any ambassador was taken
which was called partitio. (Cic. de Leg. ii. 20,,pro ill at Rome, he was in the care of the quaestors,
Oaecin. 4; Ulp. Frag. tit. 24. s. 25.) By the jus who, if he died, had also to pay the expenses of
civile there might be a legacy of a ususfructus of his burial from the public treasury. When afterthose things which were capable of being used and wards the number of foreign ambassadors increased
enjoyed without detriment to the things. By a in proportion as the republic became extended, the
senatusconsultum there might be a legacy of the former hospitable custom was reduced to the mere
cabtsus of those things which were consumed in formality of depositing the name with the keepers
the use, as money, wine, oil, wheat, but the lega- of the public treasury. Previous to their admistarius had to give security for the restoration of sion into the city, foreign ambassadors seem to
the samne quantity or the same value, when his have been obliged to give notice from what nation
right to the enjoyment ceased, This technical they came and for what purpose; for several inmeaning of abusus, that is, the use of things which stances are mentioned in which ambassadors were
arc consumed in the use, is contrasted with usts- prohibited from entering the city, especially in case
fructus by Cicero (Top. 3; Ueber dats alter tdes of a war between Rome and the state from which
quasi.sussfructus, von Puchta, R/leinisches riuts. they came. (Liv. xxx. 21, xlii. 36, xlv. 22.) In
iii. p. 8-2, and Puchta, Instit. ii. ~ 255). such cases the ambassadors were either not heard
A legacy might be transferred to another per- at all, and obliged to quit Italy (Liv. xlii. 36), or
son, or taken away (adclini) by another will or an audience was given to them by the senate (seantus
codicilli confirmed by a will; it might also be legatis datur) outside the city, in the temple of
taken away by erasure of the gift from the will. Bellona. (Liv. I. c.; xxx. 21.) This was evidently
Sutch a revocation of legacies (d6lem)ptio leg(ttorsn1s) a sign of mistrust, but the ambassadors were nleverseems to have been only effected in the way men- theless treated as public guests, and some public
tioned. The expression ademption of legacies in villa outside the city was sometimes assigned for
English law has a different meaning, and in the their reception. In other cases, however, as soon
case of a specific thing corresponds to the Roman as the report of the landing of foreign amnbassaextinction of legacies, which took place if the tes- dors on the coast of Italy was brought to htome,
tator disposed of the thing ill his lifetime. especially if they were persons of great distinlction,
If a legatee died after the day on which th, as the son of Masinissa (Liv. xlv. 13), or if thely.x 3