Humanitext Reader

Justinian I · The Digest of Justinian §28.5.62.pr

Disinheritance of a Daughter Provided for by Dowry

Passage 4241 of 9271 · Latin

Summary

In response to an inquiry about whether a daughter is effectively disinherited when the testator states that he did so because he wanted her to be content with her dowry, Modestinus answers that there is no reason why the disinheritance should not be valid in accordance with the testator's intention.

[MODESTINUS libro octauo responsorum. ] §28.5.62.prQui uolebat filiam exheredare, sic testamento comprehendit: 'te autem, filia, ideo exheredaui, quoniam contentam te esse dote uolui': quaero an efficaciter exheredata sit.
[MODESTINUS, from the eighth book of Opinions.] A person who wished to disinherit his daughter expressed it in his will as follows: 'But as for you, my daughter, I have disinherited you for this reason, because I wished you to be content with your dowry.' I ask whether she has been effectively disinherited.
Modestinus respondit nihil proponi, cur non esset uoluntate testatoris exheredata.
Modestinus answered that nothing was put forward to show why she should not be disinherited according to the intention of the testator.

Notes

  1. 28.5.62.prcontentam te esse dote uolui — An accusative and infinitive construction acting as the object of uolui (I wished), where te is the subject accusative and contentam esse is the infinitive. dote (with the dowry) is an ablative governed by the adjective contentam (content).
  2. 28.5.62.prnihil proponi, cur non esset uoluntate testatoris exheredata — An infinitive clause with nihil as its subject (proponi is the present passive infinitive) acting as the object of respondit (indirect speech). The subjunctive clause introduced by cur modifies nihil, and its verb is in the imperfect subjunctive (esset exheredata) due to the sequence of tenses after the perfect main verb respondit. The phrase means that nothing is put forward to deny the validity of the disinheritance based on the testator's intent.

Cite this passage

Justinian I, The Digest of Justinian §28.5.62.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.5.62.pr

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