[IDEM libro trigensimo nono digestorum. ] §29.7.3.prSi quis cum testamentum nullum habebat, codicillis fideicommissa hoc modo dedit: 'quisquis mihi heres erit bonorumue possessor, eius fidei committo', fideicommissa praestari debent, quia pater familias, qui testamenti factionem habet et codicillos faceret, perinde haberi debet, ac si omnes heredes eius essent, ad quos legitima eius hereditas uel bonorum possessio peruentura esset.
[THE SAME AUTHOR, in his thirty-ninth book of Digests.] If someone, when he had no will, gave trusts in a codicil in this manner: "whoever is my heir or possessor of my goods, I commit to his trust," the trusts must be performed, because a paterfamilias who has the capacity to make a will and made a codicil ought to be treated just as if all those to whom his intestate inheritance or possession of goods would come were his heirs.
§29.7.3.1Sed et si post codicillos factos natus quis esset proximus adgnatus uel suus heres, fideicommissum praestari debebit: intellegitur enim is quoque heres scriptus et ideo non perinde habendus est ac si rupisset hos codicillos.
But even if, after the codicil was made, a next agnate or a self-successor should be born, the trust must still be performed: for he too is understood to be written as an heir, and therefore he is not to be treated as if he had broken this codicil.
§29.7.3.2Testamento facto etiamsi codicilli in eo confirmati non essent, uires tamen ex eo capient.
When a will has been made, even if the codicils were not confirmed in it, they will nevertheless derive their force from it.
denique si ex testamento hereditas adita non fuisset, fideicommissum ex huiusmodi codicillis nullius momenti erit.
Consequently, if the inheritance under the will has not been entered upon, a trust based on a codicil of this kind will be of no effect.