[LABEO libro secundo posteriorum a IAUOLENO epitomatorum. ] §32.0.30.prQui quattuor pocula olèaginea habebat, ita legauit: pocula oleaginea paria duo. respondi unum par legatum esse, quia non ita esset: bina paria neque ita: poculorum paria duo: idem et Trebatius.
A man who had four cups made of olive-wood bequeathed as follows: "Two equal cups of olive-wood." I replied that only one pair was bequeathed, because he had not written "two pairs each," nor "two pairs of cups"; Trebatius was of the same opinion.
§32.0.30.1Qui hortos publicos a re publica conductos habebat, eorum hortorum fructus usque ad lustrum, quo conducti essent, Aufidio legauerat et heredem eam conductionem eorum hortorum ei dare damnauerat sinereque uti eum et frui.
A man who held public gardens leased from the state had bequeathed the fruits of those gardens to Aufidius up to the end of the five-year lease period for which they had been leased, and had charged his heir to give him the lease of those gardens and to permit him to use and enjoy them.
respondi heredem teneri sinere frui: hoc amplius heredem mercedem quoque hortorum rei publicae praestaturum.
I replied that the heir is bound to permit him to enjoy them, and furthermore, that the heir must also pay the rent of the gardens to the state.
§32.0.30.2Cum testamento scriptum esset: 'Sticho seruo meo heres quinque dato et, si Stichus heredi meo biennium seruierit, liber esto', post biennium legatum deberi existimo, quia in id tempus et libertas et legatum referri deberet: quod et Trebatius respondit.
When it was written in a testament: "Let my heir give five to my slave Stichus, and, if Stichus serves my heir for two years, let him be free," I think that the bequest is due after the two years, because both the freedom and the bequest ought to be referred to that time; Trebatius also replied to this effect.
§32.0.30.3Si fundum mihi uendere certo pretio damnatus es, nullum fructum eius rei ea uenditione excipere tibi liberum erit, quia id pretium ad totam causam fundi pertinet.
If you are charged to sell a tract of land to me for a certain price, you will not be free to except any fruit of that thing in that sale, because that price relates to the whole condition of the land.
§32.0.30.4Qui fundum mandatu meo in societate mihi et sibi emerat, deinde eum finibus diuiserat et priusquam mihi traderet, ita eum tibi legauerat 'fundum meum illi do'. negaui amplius partem deberi, quia uerisimile non esset ita testatum esse patrem familias, ut mandati, heres eius damnaretur.
A man who, by my mandate, had bought a tract of land for me and himself in partnership, then divided it by boundaries, and, before delivering it to me, had bequeathed it to you as follows: "I give my tract of land to him." I denied that more than his share is due, because it is not likely that a father of a family would make a testament in such a way that his heir would be condemned under the mandate.
§32.0.30.5'Uxori meae, dum cum filio meo Capuae erit, heres meus ducenta dato': filius a matre migrauit.
"Let my heir give two hundred to my wife as long as she is at Capua with my son." The son moved away from his mother.
si ambo Capuae habitassent, legatum matri debitu iri putaui, quamuis una non habitassent: sin autem in aliud municipium transissent, unius anni tantummodo debitu iri, quo una habitassent quantolibet tempore: Trebatius ait.
I thought that if both had lived at Capua, the bequest would be due to the mother, even though they had not lived together; but if they had moved to another municipality, Trebatius says that only one year's bequest would be due, for whatever length of time they had lived together.
uideamus, an his uerbis 'dum cum filio Capuae erit' non condicio significetur, sed ea scriptura pro superuacuo debet haberi: quod non probo.
Let us see whether by these words, "as long as she is at Capua with my son," a condition is not signified, but that writing ought to be held as superfluous; which I do not approve.
sin autem per mulierem mora non est, quo minus cum filio habitet, legata ei deberi.
But if there is no delay on the part of the woman to prevent her from living with her son, the bequests are due to her.
§32.0.30.6Si aedes alienas ut dares damnatus sis neque eas ulla condicione emere possis, aestimare iudicem oportere Ateius scribit, quanti aedes sint, ut pretio soluto heres liberetur.
If you are charged to give a house belonging to another, and you cannot buy it on any terms, Ateius writes that the judge ought to estimate how much the house is worth, so that the heir may be released upon paying the price.
idemque iuris est et si potuisses emere, non emeres.
The same rule of law applies if you could have bought it but did not.