[IDEM libro secundo decretorum. ] §32.0.27.prPaula Callinico ex parte herede instituto filiae eiusdem Iuuentianae, cum in familia nupsisset, decem testamento legauit: deinde post tempus codicillis factis centum eidem Callinico reliquerat non adiecto 'hoc amplius'.
[THE SAME from the second book of Decrees.] Paula, when Callinicus had been instituted heir to a share, bequeathed ten by her testament to Iuventiana, the daughter of the same Callinicus, when she should marry within the family. Afterwards, after some time, having made codicils, she had left one hundred to the same Callinicus, without adding "in addition to this".
pronuntiauit utramque summam deberi, maxime cum in codicillis filiae Callinici nihil legatum fuisset.
The emperor decided that both sums were due, especially since in the codicils nothing had been bequeathed to the daughter of Callinicus.
§32.0.27.1Pompeius Hermippus filium Hermippum ex dodrante, filiam Titianam ex quadrante heredes instituerat et praedia certa singulis praelegauerat: practerea, si sine liberis Hermippus moreretur, aliam possessionem filiae dari iusserat: post testamentum factis codicillis filiae certa praedia dederat eamque his contentam esse uoluit pro omni hereditate et his, quae in testamento reliquerat: Hermippi bona ad fiscum peruenerant: Titiana soror fideicommissum petebat.
Pompeius Hermippus had instituted his son Hermippus heir to nine-twelfths, and his daughter Titiana to three-twelfths, and had pre-bequeathed certain estates to each of them. Furthermore, he had ordered that if Hermippus died without children, another property should be given to the daughter. Codicils having been made after the testament, he had given certain estates to the daughter, and wished her to be content with these in place of her whole inheritance and what he had left her in the testament. The property of Hermippus had gone to the treasury. The sister Titiana claimed the trust.
quaerebatur, utrum pro hereditate tantum an et pro his, quae post mortem frater rogatus erat restituere, pater eam uoluisset accipere ea quae codicillis reliquerat.
The question arose whether the father had wished her to receive what he had left in the codicils only in place of her inheritance, or also in place of those things which the brother had been asked to restore after his death.
mihi ab omni uoluntate recessum uidebatur.
To me it seemed that she had departed from all the provisions of the will.
placuit humanius interpretari ea sola, quac uiuente fratre acceptura erat, adempta uideri, non etiam quae post mortem eius reliquerat, si sine liberis decederet, et ita pronuntiauit.
It was resolved that a more humane interpretation should be adopted, namely, that only those things which she was to receive during the lifetime of her brother should be considered as taken away, and not also those things which he had left after the brother's death if he should die without children; and he pronounced accordingly.
§32.0.27.2Iulianus Seuerus decedens institutis quibusdam heredibus alumno suo quinquaginta legauerat eaque a Iulio Mauro colono suo ex pensionibus fundi debitis ab eo praestari uoluerat eidemque Mauro quaedam legauerat: cum de hereditate fiscus quaestionem nouisset, iussu procuratoris Maurus pecuniam fisco soluerat: postea heres scriptus optinuerat fiscum: alumno autem mortuo heres eius fideicommissum ab herede Mauri petebat.
Iulianus Severus, dying, having instituted certain heirs, had bequeathed fifty to his foster-child, and had wished this to be paid by Julius Maurus, his tenant, out of the rents of the farm owed by him, and had also bequeathed certain things to the same Maurus. When the treasury had raised a dispute concerning the inheritance, Maurus, by order of the procurator, had paid the money to the treasury. Afterwards, the written heir prevailed against the treasury. But, the foster-child having died, his heir claimed the trust from the heir of Maurus.
placuit imperatori non uideri eius fidei commissum, sed demonstratum, unde accipere posset: et ideo heres Seueri haec praestare debet.
The emperor decided that this did not seem to be a trust imposed on him, but a designation of the place from which he could receive it; and therefore the heir of Severus must pay these.