[IDEM libro nono responsorum. ] §31.0.33.prRespondit: legatorum petitio aduersus heredes pro partibus hereditariis competit nec pro his qui soluendo non sunt onerari coheredes oportet.
[THE SAME, from the Ninth Book of Responses.] He replied: the petition for legacies lies against the heirs in proportion to their hereditary shares, and co-heirs ought not to be burdened on behalf of those who are not solvent.
§31.0.33.1Qui plures heredes instituit, testamento a quibusdam nominatim reliquit legata, postea codicillos ad omnes heredes scripsit: quaero, quae legata debeant.
A person who appointed several heirs left legacies in his testament specifically to be paid by certain heirs, and later wrote a codicil to all the heirs: I ask, which legacies are due.
Modestinus respondit: cum manifeste testator testamento expresserit, a quibus heredibus legata praestari uellet, licet codicillos ad omnes scripserit, apparet tamen ea quae codicillis dedit ab his praestanda esse, quos munere fungi debere testamento suo ostendit testator.
Modestinus replied: since the testator clearly expressed in his testament from which heirs he wished the legacies to be paid, although he wrote a codicil to all of them, it is nevertheless apparent that those things which he gave by the codicil are to be paid by those whom the testator showed in his testament ought to perform this duty.