[IULIANUS libro trigesimo nono digestorum. ] §30.1.94.prPlane si filium impuberem exheredauerit, fideicommissum legitimus heres praestare cogendus non erit, nisi idem et patri heres fuerit.
Clearly, if a parent disinherits an impuberic son, the intestate heir will not be compelled to perform the trust, unless the same person is also the heir to the father.
§30.1.94.1Qui rogatus erat hereditatem, ex qua seruus eius heres institutus erat, restituere, cum alii seruum uendidisset, quaesitum est, an hereditatem restituere cogendus est is, ad quem hereditas ex emptione serui heredis scripti peruenerit.
When a person who had been asked to restore an inheritance, in which his slave had been instituted heir, had sold the slave to another, the question arose whether the person to whom the inheritance came by the purchase of the slave who was instituted heir is compelled to restore the inheritance.
dixi conpellendum esse ad fideicommissum restituendum eum, qui seruum suum heredem scriptum uendidit, cum pretium hereditatis, quam restituere rogatus est, habeat.
I replied that the person who sold his slave who had been instituted heir must be compelled to restore the trust, since he has the price of the inheritance which he was asked to restore.
is autem, ad quem hereditas ex emptione serui heredis scripti peruenerit, ex causa cogendus erit fideicommissum praestare, id est si dominus serui heredis scripti soluendo non erit.
However, the person to whom the inheritance came by the purchase of the slave who was instituted heir will be compelled to perform the trust only for a cause, that is, if the owner of the slave who was instituted heir is not solvent.
§30.1.94.2Si cui Stichus aut Dama legatus esset electione legatario data et fidei eius commissum esset, ut Stichum alteri praestaret: si Damam uindicare maluerit, nihilo minus Stichum ex causa fideicommissi praestare debebit.
If Stichus or Dama was bequeathed to someone, with the choice given to the legatee, and a trust was imposed on him to perform Stichus to another: if he prefers to claim Dama, he will nonetheless be obliged to perform Stichus under the trust.
siue enim pluris est Dama, compellendus est Stichum redimere, siue minoris, aeque Stichum iuste dare cogetur, cum per eum steterit, quo minus ex testamento haberet quod fideicommissum fuerit.
For whether Dama is worth more, he must be compelled to purchase Stichus, or if less, he will equally be compelled to deliver Stichus justly, since it was due to him that he did not have from the will what had been left under the trust.
§30.1.94.3Qui testamento manumittitur et neque legatum neque hereditatem capit, fideicommissum praestare cogendus non est, ac ne is quidem, qui seruum legatum rogatus fuerit manumittere: is enim demum pecuniam ex causa fideicommissi praestare cogendus est, qui aliquid eiusdem generis uel similis ex testamento consequitur.
He who is manumitted by a will and takes neither a legacy nor an inheritance is not to be compelled to perform a trust, nor indeed is he who was asked to manumit a bequeathed slave; for only he is to be compelled to pay money under a trust who acquires something of the same or a similar kind from the will.