time; and as emancipation is an abfolute and unretrafttable aft, and a
contraft of Mawalat may be refcinded at pleafure, a Mawla by ma-
numiffion has precedence of a Mclwla by Mawalat, and thofe are con-
fequently included in preference. But the Mawlas of the teftator s
Mawlas* are not included in the bequeft, which relates only to the
Mawlas, o f the teftator, not to thofe of another. It is otheiwife with
the children of the teftator’ s Mawlas ; for they ftand related to the
teftator becaufe of their freedom proceeding from him. It is alfo
otherwife where the teftator has no Mawlas by manumiffion, nor
children of thole Mawlas; for in that cafe the Mawlas by Mawalat
are included in the bequeft, as the term Mawla applies to thofe by
manumiffion, literally, and to thofe by Mlawalat, metaphorically;
and where the literal fenfe cannot be followed, the figurative fenfe
may be adopted.
If , in the above cafe, the teftator have only one freedman, and
feveral freedmen of his freedman, the half of the legacy goes to the
freedman, and the remaining half reverts to the teftator’s heirs ; and
there is nothing whatever for the freedmen of his freedman ; for the
term Mawla applies literally to the freedmen of the teftator, and figuratively
to the freedmen of thofe freedmen ; and it is impoffible that
the word fhould be meant in two fenfes, as it cannot bear, at once,
a literal and a Jigurative meaning. Neither are the freedmen of the
teftator’ s parents or children included, they not being his freedmen
either aftually or virtually.
* T h a t is, “ Ihe freedmen o f his freedmen” o r “ the emancipators o f bis emancipators:’
C H A P . V.
Of Ufufruftuary Wills.
I f a perfon bequeath the fervice of his Have, or the ufe of his houfe,
either for a definite or an indefinite period, fuch bequeft is valid ; becaufe
as an endowment with ufufruft:, either gratuitous or for an equivalent,
is valid during life, it is confequently fo after death ; and alfo,
becaufe men have occafion to make bequefts of this nature- as well as
bequefts of aftual property. So likewife, if a perfon bequeath the
wages of his Have, or the rent of his houfe, for a definite or indefinite
term, it is valid, for the fame reafon. In both cafes, moreover, it
is neceflary to confign over the houfe or the flave to the legatee, provided
they do not exceed the third of the property, in order that he
may enjoy the wages or fervice of the flave, or the rent or ufe of the
houfe during the term prefcribed, and afterwards reftore it to the
heirs.— I f thé whole property of the teftator confift of the flave or the
houfe, in that cafe the flave is to be pofleffed one day by the- legatee,
and two by the heirs, alternately; but the houfe, on the contrary,
is to be portioned into three equal parts, of which one is given to the
legatee, and two to the heirs,— the legatee being entitled to one third
of the eftate, and the heirs to two thirds. The reafon of the diftinc-
tion here made between a houfe and a flave is, that a flave is incapable
of being divided, and therefore an alternate ufe of him is eftablifhed
from neceffity; whereas a houfe, on the contrary, is capable of di-
vifion; and as divifion is the moft fair and equitable mode, (fince retaliation
neceflarily induces a preference of one over the other in point
of time,) it ought to be adopted where it is practicable. Still, how-
A n a r t i c l e
b e q u e a t h e d
i n u f u f r u f t
m u i l b e c o n *
f i g n e d t o t h e
l e g a t e e ; —
b u t i f i t c o n -
f t i t u t e t h e
fo ie eftate, .
b e i n g a flaw e,
h e i s p o f l e f f e d
b y t h e h e i r s
a n d l e g a t e e
a l t e r n a t e l y ,
o r b e i n g a
houfe t i t i s
h e l d a m o n g
t h e m , i n t h e i r
d u e p r o p o r t
i o n s ;