Institution of an Estate Slave and Capacity with the Deceased

Notes

1. 28.5.53.prtestamenti factio — Capacity to take under a will (testamenti factio passiva). Since slaves lack independent legal capacity, their capacity depends on that of their master. In the case of a slave belonging to an unaccepted inheritance (seruus hereditarius), this capacity is determined in relation to the deceased (defunctus), not the instituted heir (heres institutus) of that inheritance.
2. 28.5.53.prlicet cum herede instituto non sit — "even if there is none [i.e., testamenti factio] with the instituted heir." The conjunction `licet` takes the subjunctive (here `sit`) to express concession ("although", "even if"). The subject and complement of `non sit` are understood from the preceding clause as `testamenti factio`. The "instituted heir" (`heres institutus`) refers to the person designated as the heir to the inheritance to which the slave belongs.