Humanitext Reader

Justinian I · The Digest of Justinian §26.2.31.pr

Tutors for a Disinherited Daughter After Will Invalidation

Passage 3777 of 9271 · Latin

Summary

The author argues that if a father's will is invalidated by the birth of a posthumous child, it is most appropriate to appoint the same tutors, who were originally designated for the disinherited daughter, to act for her in claiming the intestate inheritance.

[SCAEUOLA libro quarto quaestionum. ] §26.2.31.prSi pater exheredatae filiae tutores dederit et testamentum eius ruptum dicatur nato postumo, commodissimum est eosdem tutores pupillae dari ad petendam intestati hereditatem.
[SCAEUOLA, from the fourth book of Questions.] If a father has appointed tutors for his disinherited daughter, and his will is said to have been broken by the birth of a posthumous child, it is most convenient for the same tutors to be given to the female ward to claim the intestate inheritance.

Notes

  1. §26.2.31.prtestamentum eius ruptum dicatur nato postumo — The clause testamentum... ruptum [esse] dicatur is a passive construction meaning "if his will is said to have been broken." The phrase nato postumo is an ablative absolute meaning "a posthumous child having been born," which indicates the cause or occasion of the will becoming invalid (ruptum). In Roman law, the birth of a posthumous child (postumus) who is a self-successor (suus heres) invalidates a previously made will.
  2. §26.2.31.prad petendam intestati hereditatem — A gerundive construction with ad and the accusative expressing purpose. The word intestati is the genitive masculine singular of the adjective intestatus ("intestate"), modifying the deceased father (pater) who died intestate, or function as the genitive of the noun meaning "intestate estate." The whole phrase translates to "for the purpose of claiming the intestate inheritance."

Cite this passage

Justinian I, The Digest of Justinian §26.2.31.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:26.2.31.pr

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