[MARCIANUS libro quarto institutionum. ] §28.5.49.pris uerbis: 'Titius hereditatis meae dominus esto', recte institutio fit.
By these words: 'Let Titius be owner of my inheritance', the institution of an heir is validly made.
§28.5.49.1Illa institutio ualet: 'filius meus inpiissimus male de me meritus heres esto': pure enim heres instituitur cum maledicto et omnes huiusmodi institutiones receptae sunt.
The following institution is valid: 'Let my most impious son, who has deserved poorly of me, be my heir'; for he is instituted heir unconditionally, though with an insult, and all institutions of this kind have been accepted.
§28.5.49.2Interdum nec cum libertate utiliter seruus a domina heres instituitur, ut constitutione diuorum Seueri et Antonini significatur, cuius uerba haec sunt: 'seruum adulterii accusatum non iure testamento manumissum ante sententiam ab ea muliere uideri, quae rea fuerit eiusdem criminis postulata, rationis est'. quare sequitur, ut in eundem a domina collata institutio nihil momenti habeat.
Sometimes a slave is not even with freedom validly appointed heir by his mistress, as is indicated by a constitution of the divine Severus and Antoninus, the words of which are as follows: 'It is reasonable that a slave accused of adultery, who has been manumitted in a will before judgment by that woman who was prosecuted as a defendant for the same crime, should not be seen as lawfully manumitted.' Therefore, it follows that the institution of him as heir by his mistress has no validity.
§28.5.49.3Si in patre uel patria uel alia simili adsumptione falsum scriptum est, dum de eo qui demonstratus sit constet, institutio ualet.
If a mistake is written in regard to the father, or native country, or any other similar addition, as long as there is no doubt about the person who was designated, the institution is valid.