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Justinian I · The Digest of Justinian §28.5.12.pr

Equalization of Shares by an Added Clause for Equal Inheritance

Passage 4191 of 9271 · Latin

Summary

If a testator first assigns unequal shares but then adds that the heirs are to inherit equally, their shares are equalized, provided this addition was written before the will was completed.

[PAULUS libro secundo ad Sabinum. ] §28.5.12.prSi inaequalibus partibus datis ita adiciatur: 'quos ex disparibus partibus heredes institui, aeque heredes sunto', existimandum est exaequari eos, scilicet si hoc ante peractum testamentum scriptum sit.
[PAULUS libro secundo ad Sabinum.] If, after unequal shares have been given, it is added thus: 'Let those whom I have appointed heirs in unequal shares be heirs equally,' it must be held that they are made equal, provided, of course, that this was written before the completion of the will.

Notes

  1. §28.5.12.prquos ... heredes institui — The verb `instituere` governs a double accusative ("to appoint A as B"); here both the relative pronoun `quos` and `heredes` are in the accusative. The antecedent of the relative pronoun (a demonstrative pronoun like `ei` serving as the subject of the future imperative `sunto`) is omitted.
  2. §28.5.12.prante peractum testamentum — The preposition `ante` is followed by the noun `testamentum` (will) and its agreeing perfect passive participle `peractum` (completed). Instead of "before the completed will," it is construed as "before the completion of the will" (the dominant participle construction, akin to ab urbe condita).

Cite this passage

Justinian I, The Digest of Justinian §28.5.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.5.12.pr

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