[PAULUS libro quinto ad legem Iuliam et Papiam. ] §31.0.49.prMortuo boue qui legatus est neque corium neque caro debetur.
[PAULUS, in the fifth book on the Lex Julia et Papia.] If an ox which has been bequeathed dies, neither its hide nor its flesh is due.
§31.0.49.1Si Titio frumentaria tessera legata sit et is decesserit, quidam putant exstingui legatum: sed hoc non est uerum, nam cui tessera uel militia legatur, aestimatio uidetur legata.
If a grain ticket has been bequeathed to Titius and he dies, some think that the legacy is extinguished; but this is not true, for to whomever a ticket or a military post is bequeathed, the value thereof is deemed to be bequeathed.
§31.0.49.2Labeo refert agrum, cuius commercium non habes, legari tibi posse Trebatium respondisse, quod merito Priscus Fulcinius falsum esse aiebat.
Labeo reports that Trebatium answered that a tract of land, of which you do not have the right of commerce, can be bequeathed to you; which Priscus Fulcinius, with good reason, used to say was false.
§31.0.49.3Sed Proculus ait, si quis heredem suum eum fundum, cuius commercium is heres non habeat, dare iusserat ei, qui eius commercium habeat, putat heredem obligatum esse, quod uerius est, uel in ipsam rem, si haec in bonis testatoris fuerit, uel si non est, in eius aestimationem.
But Proculus says that, if anyone has ordered his heir to give a tract of land, of which that heir does not have the right of commerce, to someone who does have the right of commerce thereof, he thinks that the heir is bound—which is more correct—either for the thing itself, if this was among the assets of the testator, or if it is not, for its valuation.
§31.0.49.4Si testator dari quid iussisset aut opus fieri aut munus dari, pro portione sua eos praestare, quibus pars hereditatis adcresceret, aeque atque cetera legata, placet.
If a testator had ordered something to be given, or a work to be performed, or a gift to be presented, it is held that those to whom a share of the inheritance should accrue must perform this in proportion to their share, just as in the case of other legacies.