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Justinian I · The Digest of Justinian §32.0.13.pr

Entitlement to Land Share and Money in Additional Legacy

Passage 4834 of 9271 · Latin

Summary

The text explains that if a testator bequeaths an estate to a certain person and adds "to Seius, ten in addition to this," Seius is undoubtedly entitled to receive both a share of the estate and the ten.

[MAECIANUS libro secundo fideicommissorum. ] §32.0.13.prSi sic locutus erit testator: 'heres meus illi fundum dato: Seio hoc amplius decem', non erit dubitandum, quin Seius et fundi partem et decem ex testamento percipere debeat.
[MAECIANUS from the second book on Trusts.] If a testator spoke as follows: 'Let my heir give the estate to him; to Seius, ten in addition to this,' there will be no doubt that Seius ought to receive both a share of the estate and the ten under the will.

Notes

  1. §32.0.13.prhoc amplius — The word `hoc` is an ablative of comparison modifying the comparative adverb `amplius`, meaning 'more than this' or 'in addition to this'. Here, `hoc` (neuter singular ablative) refers to the previously mentioned legacy, the estate (`fundum`).
  2. §32.0.13.prnon erit dubitandum, quin — An impersonal passive construction of the gerundive `dubitandum [esse]` combined with the future tense `erit`. Since it is accompanied by the negative `non` to mean 'there is no doubt,' the dependent clause is introduced by `quin` followed by the subjunctive (`debeat`).

Cite this passage

Justinian I, The Digest of Justinian §32.0.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.13.pr

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