[SCAEUOLA libro trigesimo tertio digestorum. ] §22.3.27.prQui testamentum faciebat ei qui usque ad certum modum capere potuerat legauit licitam quantitatem, deinde ita locutus est: 'Titio centum do lego, quae mihi pertulit: quae ideo ei non caui, quod omnem fortunam et substantiam, si quam a matre susceperat, in sinu meo habui sine ulla cautione.
[SCAEUOLA libro trigesimo tertio digestorum.] A person who was making a will bequeathed a lawful amount to someone who had been able to take only up to a certain limit, and then spoke as follows: "I give and bequeath to Titius one hundred, which he brought to me; for which I did not give him a security for this reason, that I held all the fortune and substance, whatever he had received from his mother, in my possession without any security.
item eidem Titio reddi et solui uolo de substantia mea centum quinquaginta, quae ego ex reditibus praediorum eius (quorum ipse fructum percepi et distraxi), item de calendario (si qua a matre receperat Titius) in rem meam conuerti'. quaero, an Titius ea exigere potest.
Likewise, I wish one hundred and fifty to be returned and paid to the same Titius from my estate, which I converted to my own account from the revenues of his estates (the fruits of which I myself gathered and disposed of), and also from the ledger (if Titius had received anything from his mother)." I ask whether Titius can demand these.
respondit, si Titius supra scripta ex ratione sua ad testatorem peruenisse probare potuerit, exigi: uidetur enim eo, quod ille plus capere non poterat, in fraudem legis haec in testamento adiecisse.
He answered that if Titius could prove that the above-mentioned sums had come to the testator from his own account, they can be demanded; for the testator is deemed, by the fact that Titius could not take any more, to have added these to the will in fraud of the law.