[TRYPHONINUS libro octauo decimo disputationum. ] §29.1.41.prMiles ita heredem scribere potest: 'quoad uiuit, Titius heres esto, post mortem eius Septicius'. sed si ita scripscrit: 'Titius usque ad annos decem heres esto' nemine substituto, intestati causa post decem annos locum habebit.
[TRYPHONINUS, in his eighteenth book of Disputations.] A soldier can write his heir as follows: "Let Titius be heir as long as he lives, and after his death Septicius." But if he has written as follows: "Let Titius be heir up to ten years" with no one substituted, the case of intestacy will take place after ten years.
et quia diximus ex certo tempore et usque ad certum tempus milites posse instituere heredem, his consequens est, ut, antequam dies ueniat, quo admittatur institutus, intestati hereditas deferatur et quod in bonorum portione ei licet, hoc etiam in temporis spatio, licet non modicum sit, ex eodem priuilegio competat.
And because we have said that soldiers can institute an heir from a certain time and up to a certain time, it follows from this that, before the day arrives when the instituted heir is admitted, the intestate inheritance is deferred, and what is permitted to him in a portion of the assets is also competent to him in a space of time, although it is not moderate, by virtue of the same privilege.
§29.1.41.1Mulier, in qua turpis suspicio cadere potest, nec ex testamento militis aliquid capere potest, ut diuus Hadrianus rescripsit.
A woman on whom a shameful suspicion can fall cannot take anything even under the will of a soldier, as the Divine Hadrian replied by rescript.
§29.1.41.2Nec tutorem ei, qui in aliena est potestate, miles dare potest.
Nor can a soldier give a guardian to one who is in another's power.
§29.1.41.3Si miles exheredauerit filium uel sciens eum filium suum esse silentio praeterierit, an legatum a substituto eius dare possit, quaesitum est.
If a soldier has disinherited his son, or, knowing him to be his son, has passed him over in silence, it was asked whether a legacy could be given by his substitute.
dixi non posse, licet ampla legata reliquerit exheredato.
I said that it could not, although he left large legacies to the disinherited one.
§29.1.41.4Miles et emancipato filio substituere potest: uerum hoc ius in his exercebitur, quae ab ipso ad eum cui substituit peruenerint, non etiam in his, si quae habuerit uel postea adquisierit.
A soldier can also substitute to an emancipated son; but this right will be exercised over those things which have come from himself to the person for whom he made the substitution, and not also over those which he already had or acquired afterwards.
nam et si filio suo uiuo adhuc auo substituit, post adquisitam ei aui hereditatem nemo diceret ad substitutum pertinere.
For even if he has substituted to his son while the grandfather was still alive, no one would say, after the inheritance of the grandfather has been acquired by him, that it belongs to the substitute.
§29.1.41.5Si militis adita non fuerit hereditas, an substitutio quam pupillo fecit ualeat, quaeritur.
If the inheritance of a soldier has not been entered upon, it is asked whether the substitution which he made for a pupil is valid.
et consequens erit hoc dicere, quia permittitur militem filio facere testamentum, quamuis sibi non fecerit.
And it will be logical to say this, because a soldier is permitted to make a will for his son, even though he has not made one for himself.