[TRYPHONINUS libro octauo decimo disputationum. ] §29.1.18.prSi uero composita utraque legata, tam quae testamento quam quae codicillis data sunt, ultra dodrantem sint, quaeritur, quatenus minuantur ea, in quibus Falcidia locum habet.
[TRYPHONINUS, in his eighteenth book of Discussions.] But if both legacies combined, those given in the will as well as those given in the codicils, exceed three-fourths of the estate, it is asked to what extent those to which the Lex Falcidia applies are to be reduced.
commodissime autem id statuetur, ut ex uniuersitate bonorum in solidum solutis legatis quae testamento miles dederat id quod supererit pro dodrante et quadrante diuidatur inter heredes et eos, quibus codicillis legata data sunt.
Now, it will be most conveniently established that, after the legacies which the soldier had given in the will are paid in full out of the whole estate, what remains is divided between the heirs and those to whom legacies were given in the codicils, in the proportion of three-fourths to one-fourth.
§29.1.18.1Quid ergo si consumant uniuersorum bonorum quantitatem legata quae testamento data sunt, utrum nihil ferent hi, quibus codicillis legatum est, an aliquid? et quoniam, si adhuc miles haec quoque legasset, contribuebantur omnia et pro rata ex omnibus decedebat ea portio, quam amplius legauerat quam in bonis habuerat, nunc quoque idem fiet: deinde constituta quantitate legatorum quae codicillis data sunt ex summa, quae efficiebatur debita, si aequo iure omnia deberentur, quartam deducet his solis, quibus codicillis legata sunt.
What then if the legacies given in the will consume the entire amount of the estate, will those to whom a legacy was left in the codicils receive nothing, or something? And since, if he had still been a soldier when he also bequeathed these latter, all would have been brought into a common contribution, and a portion would have been deducted pro rata from all for what he had bequeathed in excess of what he had in his estate, the same will also be done now. Then, having determined the amount of the legacies given in the codicils out of the sum which would have been due if all had been due with equal right, one-fourth will be deducted only from those to whom the legacies were given in the codicils.
§29.1.18.2Quod si post utraque legata solida computata deprehenderetur, quod remaneat apud heredem, non tamen sufficiens quartae eorundem legatorum: quod ei deest, detrahatur his solis, quibus codicillis legata data sunt.
But if, after both legacies are calculated in full, it should be found that what remains with the heir is nevertheless not sufficient for the one-fourth of the same legacies, what is lacking to him shall be deducted only from those to whom legacies were given in the codicils.