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Justinian I · The Digest of Justinian §29.1.27.pr

Reversion to a Prior Will and the Validity of Added Clauses

Passage 4386 of 9271 · Latin

Summary

In a case where a centurion designated posthumous heirs in a second testament and declared he would return to his first testament if they were not born, the validity of the other provisions in the second testament is determined.

[PAPINIANUS libro sexto responsorum. ] §29.1.27.prCenturio secundo testamento postumos heredes instituit neque substitutos dedit: quibus non editis ad superius testamentum se redire testatus est.
[PAPINIANUS, in his sixth book of Opinions.] A centurion, in a second testament, instituted posthumous children as his heirs and did not designate any substitutes; he declared that, if they should not be born, he would return to his former testament.
cetera, quae secundo testamento scripsit, esse irrita placuit, nisi nominatim ea confirmasset ad priorem uoluntatem reuersus.
It was held that the other provisions which he wrote in the second testament were invalid, unless, having returned to his prior will, he had specifically confirmed them.

Notes

  1. §29.1.27.prquibus non editis — This is an ablative absolute construction with the relative pronoun quibus, referring back to postumos (posthumous children). The verb edere here means 'to bring forth' or 'to be born'. Thus, the phrase functions as a conditional clause: 'if they should not be born' or 'upon their not being born'.
  2. §29.1.27.prcetera ... esse irrita placuit — The accusative and infinitive construction 'cetera ... esse irrita' serves as the subject of the impersonal verb 'placuit' (it was held, approved as a legal opinion). 'Cetera' is a neuter plural accusative, modified by the relative clause 'quae secundo testamento scripsit', referring to the other provisions written in the second testament.
  3. §29.1.27.prad priorem uoluntatem reuersus — The perfect participle 'reuersus' from the deponent verb revertor is nominative singular masculine, agreeing with the subject of the 'nisi' clause (the centurion). Although perfect in form, it has an active meaning, translating to 'having returned' or 'returning' to his prior will.

Cite this passage

Justinian I, The Digest of Justinian §29.1.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.1.27.pr

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