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Justinian I · The Digest of Justinian §29.5.23.pr

Murder Discovered After Will Opening and Compelled Entry

Passage 4569 of 9271 · Latin

Summary

Maecianus states his opinion that if a will is opened before the testator's murder is discovered, and the crime is revealed later, the appointed heir should be compelled, after an inquiry, to enter upon the suspect inheritance and restore it under the Trebellian senatusconsultum.

[MAECIANUS libro tertio decimo fideicommissorum. ] §29.5.23.prSi antequam patefieret testatorem occisum, tabulae testamenti apertae essent, deinde innotuisset id admissum esse, causa cognita puto compellendum institutum adire hereditatem, quam suspectam diceret, et ex Trebelliano senatus consulto restituere.
[MAECIANUS in his thirteenth book on Trusts.] If, before it became known that the testator had been killed, the tablets of the testament had been opened, and subsequently it became known that this crime had been committed, I think that, after the case has been investigated, the appointed heir should be compelled to enter upon the inheritance, which he said was suspect, and to restore it under the Trebellian senatusconsultum.

Notes

  1. §29.5.23.prtestatorem occisum — This is an accusative with infinitive construction (with esse omitted after occisum) that functions as the subject of the impersonally used verb patefieret (to become known).
  2. §29.5.23.prcompellendum institutum — An accusative with infinitive construction (with esse omitted after compellendum) acting as the object of the main verb puto. The gerundive (compellendum) expresses obligation ("should be compelled"), and its logical subject is the accusative institutum (the appointed heir). This gerundive governs the active infinitives adire and restituere.
  3. §29.5.23.prrestituere — Refers to the process of restoration (restitutio) under the Trebellian senatusconsultum, whereby an heir who has entered upon a trust-laden inheritance transfers the estate along with all actions and liabilities to the beneficiary of the trust.

Cite this passage

Justinian I, The Digest of Justinian §29.5.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.5.23.pr

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