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The Digest of Justinian

§5.2.3.pr

Meaning of an Undutiful Will and Causes of Disinheritance

Marcellus defines the meaning of challenging a will as undutiful and explains that this typically occurs when parents are falsely instigated to disinherit or pass over their children.

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[MARCELLUS libro tertio digestorum.]

[MARCELLUS in the third book of the Digests.]

§5.2.3.pr

​Inofficiosum testamentum dicere1 hoc est allegare, quare exheredari uel praeteriri non debuerit:2 quod3 plerumque accidit, cum falso parentes instimulati liberos suos uel exheredant uel praetereunt.

​To declare a will undutiful is to allege the reason why one ought not to have been disinherited or passed over; and this usually happens when parents, being falsely instigated, either disinherit or pass over their own children.

Syntax notes3 items
  1. 5.2.3.prInofficiosum testamentum dicere

    dicere is an infinitive used as a noun serving as the subject, and inofficiosum testamentum is its accusative object, meaning 'to declare a will to be undutiful'.

  2. 5.2.3.prnon debuerit

    A subjunctive perfect in the indirect question introduced by quare, representing a prior action relative to the main verb est. The subject of the passive infinitives exheredari uel praeteriri is omitted but understood from the context.

  3. 5.2.3.prquod

    Neuter singular nominative relative pronoun referring to the entire preceding situation of challenging a will as undutiful, serving as a connecting relative to link the sentences.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.2.3.pr