[SCAEUOLA libro uicesimo digestorum. ] §26.3.11.prAuia nepotibus curatorem dedit fideicommisso, ei relicto: quaesitum est, an administrare curatori compelli debeat.
[SCAEUOLA, from the twentieth book of the Digests.] A grandmother appointed a curator for her grandchildren, a fideicommissum having been left to him. It was asked whether the curator should be compelled to administer.
respondit curatorem quidem non esse, sed cum aliquid ei testamento datum esset, teneri eum ex fideicommisso, si non curam susciperet, nisi id quod ei datum esset nollet petere aut reddere esset paratus.
He answered that he was indeed not a curator, but since something had been given to him by the will, he was bound by the fideicommissum if he did not undertake the care, unless he did not wish to claim what had been given to him or was prepared to restore it.
§26.3.11.1Item quaesitum est, an iste curator satisdare nepotibus debeat.
Likewise, it was asked whether this curator ought to provide security to the grandchildren.
respondit quasi curatorem non debere, sed cum fideicommissum ab eo peti posset, fideicommissi nomine satisdare debere.
He answered that as a quasi-curator he did not have to do so, but since a fideicommissum could be claimed from him, he ought to provide security in the name of the fideicommissum.