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The Digest of Justinian

§2.13.2.pr

Exemption from Disclosing Will Provisions in Legacy Claims

Explains the exception that in a claim for a legacy, the praetor does not order the disclosure of the words of the will, as the defendant heirs usually already possess a copy of the will.

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[PAULUS libro tertio ad edictum.]

[PAULUS, on the Edict, book 3]

§2.13.2.pr

​Si legatum petatur, non iubet praetor uerba testamenti edere:1 ideo fortasse, quia heredes2 solent habere exemplum testamenti.

​If a legacy is claimed, the praetor does not order the disclosure of the words of the will: perhaps for this reason, because heirs are accustomed to have a copy of the will.

Syntax notes2 items
  1. 2.13.2.prnon iubet praetor uerba testamenti edere

    In the combination of the transitive verb iubet (orders) and the infinitive edere (to disclose), the logical subject of the infinitive is the plaintiff (the legatee) who claims the legacy. It indicates that the praetor does not require the plaintiff to disclose the text of the will.

  2. 2.13.2.prheredes

    Here, 'heirs' refers to the defendants who are obligated to pay the legacy. Since the heirs who take over the estate normally already possess the original or a copy of the will (exemplum testamenti), there is no practical need for the plaintiff to disclose it to them.

Translated by Gemini 3.5 Flash (published 2026-07-12) · Revision history (1, latest 2026-09-21)
  • 2026-09-21 AI review — source 1
urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.13.2.pr