[IDEM libro quinto decimo digestorum. ] §32.0.33.prUxori suae inter cetera ita legauit: 'et domus eam partem, in qua morari consuenimus'. quaesitum est, cum tam testamenti faciundi tempore quam mortis totam domum in usu habuerit nec quicquam ex ea locatum, an ea tantummodo uidetur legasse cubicula, in quibus dormire consueuerat.
[THE SAME, from the fifteenth book of the Digests.] He bequeathed to his wife, among other things, as follows: "and that part of the house in which we were accustomed to stay." The question was asked, since both at the time of making the testament and at the time of death he had held the entire house in use and no part of it had been let, whether he is deemed to have bequeathed only those bedchambers in which he had been accustomed to sleep.
respondit eam omnem partem, in qua morari cum familia sua consueuisset.
He answered that (he is deemed to have bequeathed) all that part in which he had been accustomed to stay with his family.
§32.0.33.1Uxori suae inter cetera ita legauit: 'uxori meae quidquid uiuus dedi donaui usibusue eius conparaui, concedi uolo': quaero, an quod post testamentum factum ei donatum est, id quoque concessum uideatur.
He bequeathed to his wife, among other things, as follows: "I wish to be granted to my wife whatever I, while living, gave, donated, or procured for her use." I ask whether that which was donated to her after the testament was made is also deemed to have been granted.
respondit uerba quae proponerentur nihil pro futuro tempore significare.
He answered that the words which were presented signify nothing for the future time.
§32.0.33.2Cum Seius pro uxore centum aureos creditori soluerit et ornamentum pignori positum luerit, postea autem testamento facto uxori suae legauit, quidquid ad eum inue stipulatum eius concessit et hoc amplius uicenos aureos annuos: quaesitum est, an hos centum aureos heredes uiri ab uxore uel ab heredibus eius repetant.
When Seius had paid one hundred aurei to a creditor on behalf of his wife and had redeemed an ornament placed in pledge, and afterwards, having made a testament, bequeathed to his wife whatever he had granted to her which was with him or in his stipulation, and in addition to this twenty aurei annually: the question was asked whether the heirs of the husband could claim back these one hundred aurei from the wife or from her heirs.
respondit, si donationis causa creditori soluisset, teneri heredes ex causa fideicommissi, si repetant, atque etiam petentes exceptione summoueri: quod praesumptum esse debet, nisi contrarium ab herede approbetur.
He answered that if he had paid the creditor for the sake of donation, the heirs, if they claim it back, are bound by the cause of the trust-bequest, and even when seeking it, they are barred by an exception; and this ought to be presumed unless the contrary is proved by the heir.