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Justinian I · The Digest of Justinian §29.5.15.pr-29.5.15.2

Avenging the Testator's Death and Loss of Inheritance

Passage 4561 of 9271 · Latin

Summary

Discusses whether inheritance is transferred to a subsequent heir who avenges the testator's death, and the forfeiture of property from heirs (including partial heirs and patrons) who neglect to avenge the death.

[MARCIANUS libro singulari de delatoribus. ] §29.5.15.prSi sequens gradus ultus fuerit necem testatoris, an priore hereditas ad illum transferatur? et ait Papinianus non esse hoc: nam poena illius huius praemium esse non debet.
[MARCIANUS, in his single book On Informers.] If a subsequent degree has avenged the death of the testator, is the inheritance transferred to him from the prior degree? And Papinian says that this is not the case; for the punishment of the former ought not to be the reward of the latter.
§29.5.15.1Cum ex parte heredi instituto legatum quoque erat et in ulciscenda morte cessauerat, diui Seuerus et Antoninus rescripserunt tam hereditatis portionem quam legatum ei auferendum.
When a legacy had also been left to a person appointed heir to a part, and he had been negligent in avenging the death, the deified Severus and Antoninus wrote in a rescript that both his share of the inheritance and the legacy were to be taken away from him.
H §29.5.15.2eredibus autem, qui in ulciscenda morte defuncti cessauerant, tam testamento quam ab intestato auferuntur bona: forte et si quasi patronus uenit, quamuis hi suo iure admittantur.
He irs, moreover, who have been negligent in avenging the death of the deceased, have their goods taken away whether under a will or on intestacy; and perhaps also if one comes in as it were a patron, although these are admitted in their own right.

Notes

  1. §29.5.15.prpriore — The ablative singular of prior, with the ellipsis of the noun gradu or herede ('from the prior [degree/heir]'). It functions as an ablative of separation with the verb transferatur, indicating the source from which the property is transferred.
  2. §29.5.15.prnon esse hoc — An accusative and infinitive construction (with subject accusative hoc and infinitive esse) introduced by the verb of saying ait. Literally 'this is not [so]', it expresses a negative answer to the preceding question of whether the inheritance is transferred.
  3. §29.5.15.2forte et si quasi patronus uenit — The adverb forte ('perhaps') modifies the conditional clause et si ('even if'). quasi modifies the noun patronus ('as it were a patron'), and uenit means 'comes [to the inheritance]'. It indicates the potential application of the forfeiture rule even to a patron, who otherwise succeeds in their own right (suo iure).

Cite this passage

Justinian I, The Digest of Justinian §29.5.15.pr-29.5.15.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.5.15.pr-29.5.15.2

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