[CELSUS libro trigesimo sexto digestorum. ] §31.0.29.prPater meus referebat, cum esset in consilio Duceni Ueri consulis, itum in sententiam suam, ut, cum Otacilius Catulus filia ex asse herede instituta liberto ducenta legasset petissetque ab eo, ut ea concubinae ipsius daret, et libertus uiuo testatore decessisset et quod ei relictum erat apud filiam remansisset, cogeretur filia id fideicommissum concubinae reddere.
[CELSUS, in the thirty-sixth book of the digests.] My father used to relate that, when he was in the council of the consul Ducenius Verus, his opinion was adopted, to the effect that, when Otacilius Catulus, having instituted his daughter as sole heir, had bequeathed two hundred to his freedman and requested of him to give them to his own concubine, and the freedman died during the lifetime of the testator, and what had been left to him remained with the daughter, the daughter should be compelled to pay that trust to the concubine.
§31.0.29.1Quod alicuius heredis nominatim fidei committitur, potest uideri ita demum dari uoluisse, si ille exstitisset heres.
What is entrusted specifically to the good faith of a particular heir may be deemed to have been intended to be given only if that person has actually become the heir.
§31.0.29.2Si filio heredi pars eius, a quo nominatim legatum est, adcrescit, non praestabit legatum, quod iure antiquo capit.
If to a son who is an heir there accrues the share of that person from whom a legacy had been specifically left, he will not perform the legacy which he takes by ancient law.