[IDEM libro quarto decimo responsorum. ] §31.0.87.prTitia Seio tesseram frumentariam comparari uoluit post diem trigesimum a morte ipsius.
[THE SAME, from the fourteenth book of responses.] Titia wished that a grain ticket should be purchased for Seius after the thirtieth day from her death.
quaero, cum Seius uiua testatrice tesseram frumentariam ex causa lucratiua habere coepit nec possit id quod habet petere, an ei actio competat.
I ask, since Seius, during the lifetime of the testatrix, began to hold the grain ticket by lucrative title, and cannot claim that which he already holds, whether an action is available to him.
Paulus respondit ei, de quo quaeritur, pretium tesserae praestandum, quoniam tale fideicommissum magis in quantitate quam in corpore consistit.
Paulus replied that the price of the ticket ought to be furnished to the person in question, because such a trust consists more in quantity than in a specific object.
§31.0.87.1Usuras fideicommissi post impletos annos uiginti quinque puellae, ex quo mora facta est, deberi respondi.
I replied that the interest on a trust is due to a girl after she has completed her twenty-fifth year, from the time when default occurred.
quamuis enim constitutum sit, ut minoribus uiginti quinque annis usurae omnimodo praestentur, tamen non pro mora hoc habendum est, quam sufficit semel interuenisse, ut perpetuo debeantur.
For although it has been established that interest is to be furnished in every way to those under twenty-five years of age, yet this is not to be regarded as default, which it is sufficient to have occurred once for it to be due permanently.
§31.0.87.2Seia libertis suis fundum legauit fideique eorum ita commisit: 'fidei autem uestrae, Uere et Sapide, committo, ne eum fundum uendatis eumque qui ex uobis ultimus decesserit, cum morietur, restituat Symphoro liberto meo et Successori et Beryllo et Sapido, quos infra manumisi, quiue ex his tunc superuiuent'. quaero, cum nec in prima parte testamenti, qua fundum praelegauit, eos substituit, in secunda tamen adiecerit uerbum 'qui ultimus decesserit', an pars unius defuncti ad alterum pertineret.
Seia bequeathed a tract of land to her freedmen and entrusted it to their faith as follows: 'Moreover, I entrust to your faith, Verus and Sapidus, that you do not sell that tract of land, and that the one of you who dies last shall, upon his death, restore it to my freedman Symphorus, and to Successor, Beryllus, and Sapidus, whom I have manumitted below, or to those of them who are then surviving.' I ask, since she did not substitute them for each other in the first part of the testament where she pre-bequeathed the tract, but in the second part she added the words 'the one who dies last', whether the share of the one deceased belongs to the other.
Paulus respondit testatricem uideri in eo fideicommisso, de quo quaeritur, duos gradus substitutionis fecisse, unum ut is, qui ex duobus prior morietur, alteri restitueret, alterum ut nouissimus his restitueret, quos nominatim postea enumerauit.
Paulus replied that the testatrix seems to have made two degrees of substitution in the trust in question: one, that the one of the two who dies first should restore it to the other; the other, that the last survivor should restore it to those whom she afterwards enumerated by name.
§31.0.87.3Imperator Alexander Augustus Claudiano Iuliano praefecto urbi.
The Emperor Alexander Augustus to Claudianus Iulianus, Prefect of the City.
'Si liquet tibi, Iuliane carissime, auiam interuertendae inofficiosi querellae patrimonium suum donationibus in nepotem factis exinanisse, ratio deposcit id, quod donatum est, pro dimidia parte reuocari'. §31.0.87.4Lucius Titius cum haberet quinque liberos, uniuersos emancipauit et in unum filium Gaium Seium amplissimas facultates donationibus contulit et modicum sibi residuum seruauit et uniuersos liberos cum uxore scripsit heredes: in eodem testamento duas possessiones, quas retinuerat, eidem Gaio Seio praelegauit et ab eo petit, ut ex reditibus praediorum, quae uiuus ei donauerat, Maeuiae filiae tot aureos daret, item alteri fratri alios tot: conuentus a Maeuia sorore sua legem Falcidiam implorat.
'If it is clear to you, dearest Iulianus, that a grandmother, in order to bypass the complaint of an inofficious testament, has exhausted her estate by donations made to her grandson, reason demands that what was donated be revoked to the extent of a half share.' Lucius Titius, having five children, emancipated them all, and conferred very large assets by donations upon one son, Gaius Seius, reserving a very small residue for himself, and appointed all his children, along with his wife, as his heirs. In the same testament, he pre-bequeathed two properties which he had retained to the same Gaius Seius, and requested of him that, from the income of the estates which he had donated to him during his lifetime, he should give so many gold pieces to his daughter Maevia, his heir, and another so many to his other brother. Having been sued by his sister Maevia, he implores the Falcidian law.
quaero, cum sanctissimus imperator, ut supra scriptum est, contra uoluntatem donantis ea quae donata sunt reuocari praeceperit, an Gaius Seius compellendus sit secundum uoluntatem patris ex donationibus fideicommissum praestare heredi sororis.
I ask, since the most sacred Emperor, as written above, ordered that what had been donated should be revoked against the will of the donor, whether Gaius Seius ought to be compelled, according to the will of his father, to furnish the trust to his sister, his heir, out of the donations.
Paulus respondit post litteras imperatoris nostri dubitari non oportere, quin in hac quoque specie, de qua quaeritur, subueniendum sit liberis, quorum portio in unum filium donationibus collatis imminuta est, praesertim cum imperator noster contra uoluntatem patris subuenerit, in proposita autem causa etiam uoluntas patris pro his qui fideicommissum petunt intercedit.
Paulus replied that after the letter of our Emperor, there ought to be no doubt that in this case also, which is under question, relief must be given to the children whose share was diminished by the donations accumulated upon one son; especially since our Emperor gave relief against the will of the father, whereas in the present case even the will of the father intervenes in favor of those who claim the trust.
sed si Falcidia lex intercedat, fideicommissa in solidum esse praestanda propter immodicarum donationum rationem.
But even if the Falcidian law should intervene, the trusts must be paid in full on account of the calculation of the immoderate donations.