[IULIANUS libro trigesimo septimo digestorum. ] §29.7.2.prSi ei, qui post testamentum factum et ante codicillos scriptos natus esset, codicillis per fideicommissum aliquid daretur, utile est.
[IULIANUS in his thirty-seventh book of Digests.] If something is given by a codicil through a trust to a person who was born after the will was made and before the codicil was written, it is valid.
§29.7.2.1Quod si ei, qui post testamentum factum et antequam codicilli scriberentur mortuus esset, datum esset, pro non scripto habetur.
But if it had been given to one who had died after the will was made and before the codicil was written, it is held as not written.
§29.7.2.2Codicillorum ius singulare est, ut quaecumque in his scribentur perinde haberentur, ac si in testamento scripta essent.
The special rule of codicils is that whatever is written in them is treated just as if it had been written in the will.
ideoque seruo, qui testamenti facti tempore testatoris fuisset, codicillorum tempore alienus, non recte libertas directa datur.
And therefore, direct freedom is not validly given to a slave who belonged to the testator at the time the will was made, but was someone else's at the time of the codicil.
Et contra si, cum testamentum fiebat, alienus esset, codicillorum tempore testatoris, intellegitur alieno seruo libertas data.
And conversely, if, when the will was being made, he belonged to someone else, but at the time of the codicil he belonged to the testator, it is understood that freedom was given to another's slave.
et ideo licet directae libertates deficiunt, attamen ad fideicommissarias eundum est.
And for this reason, although direct freedoms fail, recourse must nevertheless be had to trust-based freedoms.
§29.7.2.3Furiosus non intellegitur codicillos facere, quia nec aliud quicquam agere intellegitur, cum per omnia et in omnibus absentis uel quiescentis loco habetur.
An insane person is not understood to make a codicil, because he is not understood to perform any other act, since in all respects and in all things he is held in the position of an absent or quiet person.
H §29.7.2.4ereditas testamento inutiliter data non potest codicillis quasi hereditas confirmari, sed ex fideicommisso petitur salua ratione legis Falcidiae.
I nheritance invalidly given by a will cannot be confirmed by a codicil as if it were an inheritance, but is claimed under a trust, saving the calculation of the Falcidian law.