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Justinian I · The Digest of Justinian §31.0.10.pr

Additions Made to Bequeathed Land after the Will

Passage 4736 of 9271 · Latin

Summary

Any addition made to a specifically bequeathed tract of land after the will is written is included in the legacy, provided that the testator integrated it into the original estate rather than possessing it separately.

[IAUOLENUS libro primo ex Plautio. ] §31.0.10.prCum fundus nominatim legatus sit, si quid ei || post testamentum factum adiectum est, id quoque legato cedit, etiamsi illa uerba adiecta non sint 'qui meus erit', si modo testator eam partem non separatim possedit, sed uniuersitati prioris fundi adiunxit.
[JAVOLENUS, in the first book from Plautius.] When a tract of land has been bequeathed by name, if anything has been added to it || after the will was made, this also goes with the legacy, even if those words 'which shall be mine' were not added, provided only that the testator did not possess that part separately, but joined it to the whole of the former tract.

Notes

  1. §31.0.10.prlegato cedit — legato is the dative governed by the intransitive verb cedit, meaning 'accrues to the legacy' or 'is added to the bequest'.
  2. §31.0.10.prsi modo — Introduces a restrictive conditional clause, meaning 'provided only that' or 'on the condition that'.
  3. §31.0.10.pruniuersitati prioris fundi — uniuersitas refers to the 'entirety' or 'whole' encompassing individual parts. It implies that the newly annexed land was not treated as a separate entity but was integrated into the single legal estate of the original tract.

Cite this passage

Justinian I, The Digest of Justinian §31.0.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:31.0.10.pr

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