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Justinian I · The Digest of Justinian §22.1.48.pr

Delivery of Fruits Accrued During Dispute and Condition

Passage 3208 of 9271 · Latin

Summary

In a case where a bequest to a wife was delayed due to the heirs' accusation of forgery, during which time the condition of the bequest (giving birth) was fulfilled, Scaevola replies that once the will is proven genuine, the fruits accrued during the period must also be delivered to her.

[IDEM libro uicesimo secundo digestorum. ] §22.1.48.prMaritus uxori suae usum fructum tertiae partis et, cum liberos habuisset, proprietatem legauit: eam uxorem heredes falsi testamenti et aliorum criminum accusauerunt, qua re impedita est legatorum petitio: interea et filius ei mulieri natus est eoque condicio legati exstitit.
[THE SAME, in the twenty-second book of the Digests.] A husband bequeathed to his wife the usufruct of a third part [of his estate], and, in the event of her having children, the ownership [thereof]. The heirs accused this wife of forging the will and of other crimes, and by this means the claim for the legacies was impeded. In the meantime, a son was also born to the woman, and thereby the condition of the legacy was fulfilled.
quaesitum est, cum testamentum falsum non esse apparuerit, an fructus etiam mulieri praestari debeant.
It was asked whether, when it became apparent that the will was not forged, the fruits also ought to be delivered to the woman.
respondit praestandos.
He replied that they ought to be delivered.

Notes

  1. §22.1.48.prcum liberos habuisset — Subjunctive pluperfect. It functions as a conditional clause representing a future-perfect action from the perspective of the past main verb legauit ('in the event of her having had children').
  2. §22.1.48.prfalsi testamenti — Genitive of charge (genitiuus criminis). Dependent on accusauerunt, it indicates the crime (forgery of the will) of which the wife (eam uxorem) was accused.
  3. §22.1.48.prrespondit praestandos — An accusative-with-infinitive construction with the copula esse omitted (praestandos [esse]). The accusative subject is to be supplied from the preceding indirect question, namely fructus (masculine plural).

Cite this passage

Justinian I, The Digest of Justinian §22.1.48.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.1.48.pr

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