Disputation XII: On Legacies

A bequest (Legatum) and a fideicommissum are in effect the same thing, though they differ in manner and form; for the latter is made with oblique words, which look directly to the heir, who is burdened by the testator with handing over, e.g. to Titius, what has been entrusted to his good faith. The bequest, however, looks directly to the legatee, without any mention of the heir, as when it is said: I bequeath to Peter one hundred sheep, so that the same thing, with respect to the one to whom it is owed or given, is called a Legatum; and with respect to the one who is ordered to give, it is named a Fideicommissum: hence nearly the same judgment must be formed about both.