[IDEM libro septimo epistularum. ] §31.0.41.pr'Maeuio fundi partem dimidiam, Seio partem dimidiam lego: eundem fundum Titio lego'. si Seius decesserit, pars eius utrique adcrescit, quia cum separatim et partes fundi et totus legatus sit, necesse est, ut ea pars quae cessat pro portione legati cuique eorum, quibus fundus separatim legatus est, adcrescat.
[THE SAME, in the seventh book of his Epistles.] "I bequeath a half share of the land to Maevius, and a half share to Seius; I bequeath the same land to Titius." If Seius dies, his share accrues to both, because since both the shares of the land and the whole land have been bequeathed separately, it is necessary that the share which fails should accrue to each of those to whom the land was separately bequeathed, in proportion to their legacy.
§31.0.41.1A me herede uxori meae ita legatum est: 'quidquid propter Titiam ad Seium dotis nomine peruenit, tantam pecuniam Seius heres meus Titiae det': quaero, an deductiones inpensarum fieri possint, quae fierent, si de dote ageretur.
A legacy was charged on me as heir in favor of my wife as follows: "Whatever came to Seius on account of Titia under the name of dowry, let my heir Seius give that amount of money to Titia." I ask whether deductions for expenses can be made, which would be made if an action were brought concerning the dowry.
respondit: non dubito, quin uxori suae quod ita legatum est: 'a te heres peto, quidquid ad te peruenisset, ut tantum ei dares', tota dos sine ratione deductionis impensarum mulieri debeatur.
He replied: I have no doubt that where a legacy has been left to one's wife in this manner: "I ask of you, heir, that whatever should have come to you, you give just so much to her," the entire dowry is owed to the woman without any account of deduction for expenses.
non autem idem ius seruari debet ex testamento extranei, quod seruatur in testamento uiri, qui dotem uxori relegauit.
However, the same rule of law ought not to be observed in the case of a testament of a stranger as is observed in the testament of a husband who has bequeathed the dowry back to his wife.
haec enim taxationis loco habenda est 'quidquid ad te peruenit': illic autem, ubi uir uxori relegat, id uidetur legare, quod in iudicio dotis mulier consecutura fuerit.
For this phrase "whatever came to you" must be regarded as a limitation; whereas in the former case, where a husband bequeaths the dowry back to his wife, he is deemed to bequeal that which the woman would have recovered in an action for the dowry.