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Legatum Optionis

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

In Roman law. <A legacy to A. B. of any article or articles that A. B. liked to choose or select vut of the testator’s estate. If A. B. died after the testator, but before making the choice or selection, his representative (heres) could not, prior to Justinian, make the selection for him, but the legacy failed altogether. Justinian, however, made the legucy good, and enabled the representative to choose. Brown. Legatus regis vice fungitur a quo destinatur et honorandus est sicut ille cujus vicem gerit.

12 Coke, 17.

An ambassador fills the place of the king by whom he is sent, and is to be honored as he is whose place he fills.