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Justinian I · The Digest of Justinian §30.1.90.pr-30.1.90.1

Cumulative Legacies to a Son and Division of Estate

Passage 4686 of 9271 · Latin

Summary

The text discusses the interpretation of a legacy phrased "this much more to my son," and whether a son who does not accept the inheritance can claim a legacy when the father has divided the estate among multiple sons through legacies.

[PAPINIANUS libro octauo decimo quaestionum. ] §30.1.90.prQuid ergo si ita legauerit 'hoc amplius filio meo'? non dubie uoluntatis quidem quaestio erit, sed non absimilis est prioris casus circa filii prouidentiam, nisi euidens uoluntas contraria patris probetur.
[PAPINIANUS, Questions, book 18.] What then if he has bequeathed in this way: "this much more to my son"? Doubtless it will indeed be a question of intention, but it is not unlike the prior case regarding the provision for the son, unless an evident contrary intention of the father is proved.
§30.1.90.1Plane si pluribus filiis institutis inter eos uerbis legatorum bona diuiserit, uoluntatis ratione legatorum actio denegabitur ei, qui non agnouerit hereditatem.
Clearly, if after instituting several sons as heirs he has divided the property among them by the words of legacies, on account of intention the action for the legacies will be denied to him who has not accepted the inheritance.

Notes

  1. §30.1.90.prhoc amplius — "hoc" is an ablative of measure of difference, and "amplius" is a comparative adverb, meaning "more by this much" or "in addition to this". This is a formulaic expression used when bequeathing a legacy to a child who is also an heir, in addition to their share of the inheritance.
  2. §30.1.90.1pluribus filiis institutis — An ablative absolute construction where "heredibus" (as heirs) is understood: "several sons having been instituted [as heirs]".

Cite this passage

Justinian I, The Digest of Justinian §30.1.90.pr-30.1.90.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.90.pr-30.1.90.1

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