Humanitext Reader

Justinian I · The Digest of Justinian §28.3.20.pr

Destruction of a Will during Insanity and Heirs' Entry

Passage 4175 of 9271 · Latin

Summary

Lucius Titius made a valid testament while in sound mind but later damaged it while mentally incapacitated due to illness; the jurist answers that the instituted heirs can still enter upon the inheritance.

[SCAEUOLA libro tertio decimo digestorum. ] §28.3.20.prLucius Titius integra mente et ualetudine testamentum fecit uti oportet, postea cum in ualetudinem aduersam incidisset, mente captus tabulas easdem incidit: quaero, an heredes his tabulis instituti adire possint hereditatem.
[SCAEVOLA, Digests, Book 13.] Lucius Titius, being of sound mind and health, made a testament as is proper; later, when he had fallen into ill health, being deprived of his senses, he cut the same tablets. I ask whether the heirs instituted by these tablets can enter upon the inheritance.
respondit secundum ea quae proponerentur non ideo minus adiri posse.
He answered that, according to the facts proposed, it is not therefore the less possible for it to be entered upon.

Notes

  1. 28.3.20.prmente captus — A idiomatic expression consisting of the ablative of respect 'mente' (in mind) and the perfect participle 'captus' (seized, deprived), meaning 'deprived of his senses' or 'insane'. It describes the mental state of the testator at the time he damaged the tablets.
  2. 28.3.20.prnon ideo minus adiri posse — An accusative and infinitive construction dependent on 'respondit'. 'adiri' is the present passive infinitive of 'adeo', either with 'hereditatem' as its implied subject or used impersonally. 'non ideo minus' (not therefore the less) functions as a double negation, indicating that the physical damage done to the tablets during mental incapacity does not affect the legal validity of the testament or the heirs' ability to enter upon it.

Cite this passage

Justinian I, The Digest of Justinian §28.3.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.3.20.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.