[AFRICANUS libro septimo quaestionum. ] §23.4.23.prPater cum filiae suae nomine dotem daret, pactus est, ut mortua filia uno pluribusue liberis superstitibus deducta parte tertia reliqua dos sibi aut post mortem suam illi aut illi filiis quos in potestate habebat reddatur: deinde haec ita fieri stipulatus est: post mortem eius mulier in matrimonio decesserat relictis filiis: quaesitum est, an ex stipulatione duas partes illi petere possint.
[AFRICANUS, from the seventh book of Questions.] When a father was giving a dowry on behalf of his daughter, he agreed that, upon the death of his daughter, if one or more children survived, a third part being deducted, the remaining dowry should be returned to himself, or after his death, to that one or those of the sons whom he had in his power; and then he stipulated that these things should be so done. After his death, the woman died during the marriage, leaving children. The question arose whether they could claim the two-thirds under the stipulation.
respondi posse: etenim uim eius stipulationis hanc esse, ut, si in matrimonio mortua esset, dos patri redderetur, et perinde habendum, ac si talis stipulatio interposita fuisset: 'si nauis ex Asia uenerit, mihi aut post mortem meam Lucio Titio dari spondes'? nam et si post mortem stipulatoris nauis uenisset, heredi deberi.
I replied that they could; for the force of this stipulation is such that, if she should die during the marriage, the dowry should be returned to the father, and it must be treated just as if such a stipulation had been interposed: 'If a ship comes from Asia, do you promise to give it to me, or after my death, to Lucius Titius?' For even if the ship arrived after the death of the stipulator, it would be due to the heir.