LEGATUM OPTIONIS

In Roman law. A legacy to A. B. of any article or articles that A. B. liked to choose or select out of the testator’s estate. If A. B. died after the testator, but before making the choice or selection, his representative (hceres) could not, prior to Justinian, make the selection for him, Dut the legacy failed altogether. Justinian, however, made the legacy good, and enabled the representative to choose. Brown. Legatus regis vice fungitur a quo des tinatur 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.