[ULPIANUS libro uicesimo tertio ad Sabinum. ] §30.1.49.prSi cui legetur, cum quattuordecim annorum erit, certo iure utimur, ut tunc sit quattuordecim annorum, cum impleuerit: et ita imperatorem decreuisse Marcellus scripsit.
[ULPIANUS, Book 23 on Sabinus.] If a legacy is left to someone "when he shall be fourteen years old", we apply the settled law that he is then fourteen years old when he has completed that age; and Marcellus wrote that the Emperor so decreed.
§30.1.49.1Ergo cum esset sic relictum: 'cum ad quartum decimum annum peruenisset, annua bima trima die', et decem et septem annorum mortis tempore inueniatur, praesens legatum erit.
Therefore, when a legacy has been left in this way: "when he has reached his fourteenth year, payable in one, two, and three years," and he is found to be seventeen years old at the time of death, the legacy will be immediately due.
proinde si quindecim annorum, consequenter dicemus post biennium deberi: si sedecim, post annum debebitur: si menses desint ad septimum decimum annum, residuis mensibus debetur.
Accordingly, if he is fifteen, we shall consequently say that it is due after two years; if sixteen, it will be due after one year; if months are lacking to his seventeenth year, it is due in the remaining months.
haec ita, si putans minorem esse quattuordecim annorum, cum iam excessisset, sic legauit: si uero scit, triennium ad legati praestationem ex die testamenti facti numerabimus.
This is so if, thinking him to be under fourteen years of age when he had already exceeded it, he bequeathed thus; but if he knew, we shall calculate the three-year period for the performance of the legacy from the day the testament was made.
§30.1.49.2Hoc autem legatum et condicionale est et in diem, condicionale tamdiu, quamdiu quartus decimus annus sit completus, postea in diem.
This legacy, moreover, is both conditional and for a day; conditional for as long as the fourteenth year is not yet completed, and thereafter for a day.
§30.1.49.3Et ideo si quidem ante quartum decimum annum decesserit, ad heredem nihil transit: certe postea ad heredem transfert.
And therefore, if indeed he dies before his fourteenth year, nothing passes to his heir; but certainly after that time, he transmits it to his heir.
quod si testamenti facti tempore minor quattuordecim annis filius inueniatur, puto tempus annua bima trima die praestationis ex die completi quarti decimi anni statim cedere, nisi euidens alia mens probaretur testatoris aliud sentientis.
But if at the time the testament was made the son is found to be under fourteen years of age, I think that the time of performance "in one, two, and three years" begins to run immediately from the day the fourteenth year is completed, unless a clear contrary intention of the testator thinking otherwise should be proved.
§30.1.49.4Si Titio decem quae ego debeo leganero et rogauero eadem creditori praestare, fideicommissum quidem in creditoris persona non ualet, quia nihil eius interest, heres uero potest cum legatario agere, quia ipsius interest creditori solui, ne eum conueniat: ergo propter hoc ualebit legatum.
If I bequeath to Titius ten which I owe, and ask him to pay the same to my creditor, the fideicommissum indeed is not valid in the person of the creditor, because he has no interest in it; but the heir can bring an action against the legatee, because it is in his own interest that the creditor be paid, so that he may not be sued; therefore, for this reason, the legacy will be valid.
§30.1.49.5Sed si testator decem mihi sub fideiussore debuit, fideicommissi petitio non solum heredi, sed et fideiussori competit: interest enim eius solui mihi, quam ipsum conuentum mandati actionem intendere: nec interest, soluendo sit nec ne.
But if the testator owed me ten under a surety, the claim for the fideicommissum belongs not only to the heir but also to the surety; for it is to his interest that payment be made to me, rather than that he himself be sued and bring an action on mandate; and it does not matter whether he is solvent or not.
§30.1.49.6Iulianus libro trigesimo nono digestorum scribit, si fideiussor creditori legasset quod ei deberet, an legatum ualeret.
Julianus writes in the thirty-ninth book of the Digests, if a surety had bequeathed to the creditor what he owed him, whether the legacy would be valid.
et ait creditoris quidem nihil interesse, uerum debitorem habere ex testamento actionem: interest enim ipsius liberari, quippe conueniri a fideiussoris herede non poterit.
And he says that indeed it is of no interest to the creditor, but the debtor has an action based on the testament; for it is to his own interest to be released, as he cannot be sued by the heir of the surety.
§30.1.49.7Quod si idem fideiussor Titio leget et fidei eius commiserit, ut creditori soluat, et debitor et fideiussoris heres agere cum Titio ex causa fideicommissi poterunt, quia utriusque interest legatarium soluere.
But if the same surety bequeaths to Titius and commits to his trust that he pay the creditor, both the debtor and the heir of the surety will be able to bring an action against Titius on the ground of the fideicommissum, because it is in the interest of both that the legatee pay.
§30.1.49.8Meminisse autem oportet eum, qui damnatur hoc solum 'fundum uendere', non gratis damnari hoc facere, sed hoc solum, ut uendat uero pretio.
Moreover, one must remember that he who is charged solely "to sell the land" is not charged to do this for nothing, but only that he sell it for its true price.
§30.1.49.9Quod si certo pretio sit damnatus facere, necesse habebit tanti uendere, quanti damnatus est.
But if he has been charged to do this at a certain price, he will be obliged to sell for as much as he has been charged.