[IDEM libro septimo decimo digestorum. ] §32.0.102.prHis uerbis legauit: 'uxori meae lateralia mea uiatoria et quidquid in his conditum erit, quae membranulis mea manu scriptis continebuntur nec ea sint exacta cum moriar, licet in rationes meas translata sint et cautiones ad actorem meum transtulerim'. hic chirographa debitorum et pecuniam, cum esset profecturus in urbem, in lateralibus condidit et chirographis exactis quam pecunia erogata reuersus in patriam post biennium alia chirographa praediorum, quae postea comparauerat, et pecuniam in lateralia condidit.
[THE SAME, from his seventeenth book of Digests.] He bequeathed in these words: "To my wife, my travel-pouches and whatever shall be stored in them, which shall be contained in the notes written by my own hand, and have not been collected when I die, even if they have been transferred to my accounts and I have transferred the security-bonds to my agent." This man, when he was about to set out for the city, stored the debt-notes of his debtors and money in the travel-pouches; and after the debt-notes were collected and the money spent, having returned to his homeland after two years, he stored other documents of the estates, which he had purchased afterwards, and money in the travel-pouches.
quaesitum est, an ea tantum uideatur nomina ei legasse, quae postea reuersus in hisdem lateralibus condidit.
The question arose whether he was deemed to have bequeathed to her only those claims which he had stored in the same travel-pouches after he returned.
respondit secundum ea quae proponerentur non deberi quae mortis tempore in his lateralibus essent et membranis manu eius scriptis continerentur.
He replied that, according to the facts presented, those things which were in these travel-pouches at the time of death and were contained in the notes written by his hand were not owed.
idem quaesiit, an, cum emptiones praediorum in hisdem lateralibus condiderat, praedia quoque legato cedant.
The same person asked whether, since he had stored the purchase-deeds of the estates in the same travel-pouches, the estates also go to the legacy.
respondit non quidem manifeste apparere, quid de praediis sensisset, uerum si ea mente emptiones ibi haberet, ut his legatariae datis proprietas praediorum praestaretur, posse defendi praedia quoque deberi.
He replied that it was indeed not clearly apparent what he had intended concerning the estates, but if he kept the purchase-deeds there with the intention that, upon these being given to the legatee, the ownership of the estates should be provided, it could be maintained that the estates also were owed.
§32.0.102.1Pater familias ita legauit: 'lances numero duas leues, quas de sigillaribus emi, dari uolo': is de sigillaribus leues quidem non emerat, lances autem emptas habebat, et dictauerat testamentum ante triduum quam moreretur: quaesitum est, an hae lances, quas emptas de sigillaribus habuit, legato cederent, cum nullas alias de sigillaribus emerit nec legauerit.
A father of a family bequeathed as follows: "I wish two smooth dishes in number, which I bought from the Sigillaria, to be given." This man had not indeed bought smooth ones from the Sigillaria, but he did have dishes that had been bought, and he had dictated his will three days before he died. The question arose whether these dishes, which he had bought from the Sigillaria and held, went to the legacy, since he had bought no others from the Sigillaria nor bequeathed [any others].
respondit secundum ea quae proponerentur deberi eas, quas de sigillaribus emisset.
He replied that, according to the facts presented, those which he had bought from the Sigillaria were owed.
§32.0.102.2Alumno praecepit militiam his uerbis: 'Sempronio alumno meo illud et illud: et, cum per aetatem licebit, militiam illam cum introitu comparari uolo: huic quoque omnia integra'. quaesitum est, si Sempronius eam militiam sibi comparauerit, an pretium eius, sed et id, quod pro introitu erogari solet, ex causa fideicommissi ab heredibus consequi possit.
He bequeathed beforehand a post to his foster-son in these words: "To Sempronius my foster-son, this and that: and, when it shall be permitted by his age, I wish that post to be purchased for him along with its entrance-fee: to him also all things intact." The question arose whether, if Sempronius purchased that post for himself, he could obtain its price, and also that which is usually expended for the entrance-fee, from the heirs on the ground of the trust-bequest.
respondit secundum ea quae proponerentur posse.
He replied that, according to the facts presented, he could.
§32.0.102.3Idem testator liberto militiam his uerbis legauit: 'Seio liberto meo militiam do lego illam', quam militiam et testator habuit: quaesitum est, an onera omnia et introitus militiae ab herede sint danda.
The same testator bequeathed a post to his freedman in these words: "To Seius my freedman, I give and bequeath that post," which post the testator himself also held. The question arose whether all the burdens and the entrance-fee of the post were to be given by the heir.
respondit danda.
He replied that they were to be given.