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Justinian I · The Digest of Justinian §31.0.81.pr

Trusts and Heirs on Intestacy after an Invalidated Will

Passage 4810 of 9271 · Latin

Summary

Explains that trusts charged upon sons as written heirs cannot be enforced if the will becomes void and they succeed instead as heirs on intestacy.

[PAULUS libro nono quaestionum. ] §31.0.81.prSi quis testamento facto a filiis suis, quos heredes instituisset, fideicommissa reliquisset non ut a legitimis heredibus, sed ut a scriptis, et testamentum aliquo casu irritum factum sit, filii ab intestato uenientes fideicommissa ex testamento praestare compelli non possunt.
[PAULUS, from the ninth book of questions.] If anyone, having made a will, had left trusts to be performed by his sons whom he had appointed as heirs, not as statutory heirs but as written heirs, and the will has by some event been rendered void, the sons, succeeding as heirs on intestacy, cannot be compelled to perform the trusts based on the will.

Notes

  1. §31.0.81.prnon ut a legitimis heredibus, sed ut a scriptis — The preposition a points to the persons charged with the performance of the trusts (fideicommissa relinquere ab aliquo). It indicates that the testator charged his sons on the condition that they would succeed as 'written' (appointed) heirs (scripti heredes), rather than as statutory heirs (legitimi heredes).
  2. §31.0.81.prab intestato uenientes — The participle uenientes (from uenire) is used in a technical legal sense to denote entering upon or succeeding to an inheritance. Here, it describes the sons succeeding 'on intestacy' (ab intestato) due to the failure of the will.

Cite this passage

Justinian I, The Digest of Justinian §31.0.81.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:31.0.81.pr

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