[IDEM libro sexto responsorum. ] §31.0.75.prMiles ad sororem epistulam, quam post mortem suam aperiri mandauit, talem scripsit: 'scire te uolo donare me tibi aureos octingentos'. fideicommissum deberi sorori constitit nec aliud probandum in cuiuslibet suprema uoluntate: placet enim consistere fideicommissum et si defunctus cum eo loquatur, quem precario remuneratur.
A soldier wrote a letter to his sister, which he ordered to be opened after his death, as follows: 'I want you to know that I give you eight hundred gold pieces.' It was held that a trust was owed to the sister, and no other rule should be approved in anyone's last will; for it is accepted that a trust is valid even if the deceased speaks with the person whom he precariously rewards.
§31.0.75.1Pro parte heres institutus, cui praeceptiones erant relictae, post diem legatorum cedentem ante aditam hereditatem uita decessit.
An heir appointed for a share, to whom pre-legacies had been left, departed this life after the vesting day of the legacies but before the inheritance was entered upon.
partem hereditatis ad coheredes substitutos pertinere placuit, praeceptionum autem portiones, quae pro parte coheredum constiterunt, ad heredes eius transmitti.
It was held that the share of the inheritance belonged to the substitute co-heirs, but that the portions of the pre-legacies, which were established in proportion to the share of the co-heirs, were transmitted to his own heirs.