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Justinian I · The Digest of Justinian §30.1.63.pr

Validity of Bequest of Offspring upon Mother's Death

Passage 4659 of 9271 · Latin

Summary

On the question of whether offspring is owed if the mother (a bequeathed female slave) dies when both were bequeathed, Celsus refutes Servius' negative view, arguing that it is inconsistent with the deceased's words and intent.

[CELSUS libro septimo decimo digestorum. ] §30.1.63.prSi ancillas omnes et quod ex his natum erit testator legauerit, una mortua Seruius partum eius negat deberi, quia accessionis loco legatus sit: quod falsum puto et nec uerbis nec uoluntati defuncti accommodata haec sententia est.
[CELSUS, Book 17 on the Digests.] If a testator has bequeathed all female slaves and whatever shall be born of them, and one of them has died, Servius denies that her offspring is owed, on the grounds that it was bequeathed in the place of an accessory; which I think is false, and this opinion is suited neither to the words nor to the intention of the deceased.

Notes

  1. 30.1.63.pruna mortua — The feminine singular ablative una refers to 'one' of the previously mentioned female slaves (ancillas), forming an ablative absolute construction with the participle mortua to set the condition.
  2. 30.1.63.prlegatus sit — The subjunctive in the causal quia clause is used to represent the reason as a subjective or reported allegation made by Servius, rather than an objective fact asserted by the author Celsus.
  3. 30.1.63.prquod falsum puto — The relative pronoun quod (neuter singular accusative) refers to the entire preceding statement of Servius' opinion, functioning as a relative connection to link the sentences.

Cite this passage

Justinian I, The Digest of Justinian §30.1.63.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.63.pr

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