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Justinian I · The Digest of Justinian §32.0.32.pr

Substituted Heir's Inability to Claim Pre-legacies

Passage 4853 of 9271 · Latin

Summary

In a case where one of the appointed heirs renounced his share and died intestate, the jurist responds that the substituted heir cannot claim the specific assets pre-bequeathed to him, as substitution in the inheritance does not extend to legacies.

[SCAEUOLA libro quarto decimo digestorum. ] §32.0.32.prSextiam filiam ex quadrante, ex reliquis Seium et Marcium sororis filios scripsit heredes: Soxtiam substituit Marcio et Marcium Sextiae, dedit autem per praeceptionem Marcio certas species: Marcius partem hereditatis, ex qua scriptus erat, omisit et eo intestato defuncto bona eius ad fratrem legitimum Seium deuoluta sunt.
[SCAEUOLA libro quarto decimo digestorum.] He wrote his daughter Sextia as heir for a quarter share, and from the remaining shares Seius and Marcius, sons of his sister, as heirs: he substituted Sextia to Marcius, and Marcius to Sextia, and he also gave certain specific objects to Marcius by preference legacy. Marcius renounced the share of the inheritance for which he had been appointed, and upon his dying intestate, his estate devolved upon his statutory brother Seius.
quaesitum est, an Sextia ex substitutione etiam haec, quae praelegata Marcio erant, iure substitutionis a legitimo herede defuncti sibi uindicare possit.
The question was asked whether Sextia, by virtue of the substitution, could also claim for herself by right of substitution from the statutory heir of the deceased those things which had been pre-bequeathed to Marcius.
respondit secundum ea quae proponerentur Sextiam in legatis, quae Marcio data sunt, substitutam non esse.
He answered that, according to the facts presented, Sextia had not been substituted in the legacies which had been given to Marcius.

Notes

  1. §32.0.32.prsubstituit Marcio — The construction of substituere: substituere aliquem alicui means 'to substitute someone (accusative) for someone else (dative)'. Here, Sextia (Sextiam) is substituted for Marcius (Marcio).
  2. §32.0.32.prper praeceptionem — Meaning 'by pre-legacy' or 'preferential legacy' (per praeceptionem), referring to a type of legacy where a co-heir is allowed to take a specific item before the division of the inheritance.
  3. §32.0.32.preo intestato defuncto — An ablative absolute construction consisting of the pronoun eo (referring to Marcius) and the participle defuncto accompanied by the adverb intestato ('intestate'), meaning 'upon his dying intestate'.
  4. §32.0.32.prSextiam... substitutam non esse — An accusative with infinitive (A.C.I.) construction serving as the object clause of respondit, where Sextiam is the subject accusative and substitutam [esse] is the perfect passive infinitive. in legatis functions as 'in respect of the legacies'.

Cite this passage

Justinian I, The Digest of Justinian §32.0.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.32.pr

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