[IDEM libro uicesimo secundo digestorum. ] §32.0.41.5Concubinae inter cetera his uerbis legauerat: 'fundum in Appia cum uilico suo et contubernali eius et filiis dari uolo': quaesitum est, an nepotes quoque uilici et contubernalis eius testator ad concubinam pertinere uoluit.
[THE SAME, from the twenty-second book of the Digests.] To his concubine, among other things, he had bequeathed in these words: 'I wish that the estate on the Appian Way, with its manager and his female companion and children, be given.' It was asked whether the testator wished that the grandchildren of the manager and of his female companion should also belong to the concubine.
respondit nihil proponi, cur non deberentur.
He answered that no reason was presented why they should not be due.
§32.0.41.6Legauerat per fideicommissum Maeuiis ita: 'et quidquid in patria Gadibus possideo': quaesitum est, an, si quam suburbanam adiacentem possessionem haberet, haec quoque ex causa fideicommissi Maeuiis debeatur.
He had bequeathed by trust to the Maevii as follows: 'and whatever I possess in my hometown of Gades.' It was asked whether, if he had any adjacent suburban property, this also is due to the Maevii by virtue of the trust.
respondit posse ad hanc quoque uerborum significationem extendi.
He answered that it is possible for the meaning of these words to be extended to this also.
item quaesitum est, an, si calendarii, quod in patria sua uel intra fines eius defunctus exercuit, instrumenta in domo, quam in patria sua habebat, reliquit, an id quoque kalendarium propter uerba supra scripta Maeuiis ex causa fideicommissi deberetur.
It was also asked whether, if the deceased had left in the house which he had in his hometown the documents of a ledger which he kept in his hometown or within its boundaries, that ledger also should be due to the Maevii by virtue of the trust because of the words written above.
respondit non deberi.
He answered that it is not due.
item quaesitum est, an pecunia, quae in arca domi Gadibus inuenta esset, uel ex diuersis nominibus exacta et ibi deposita, ex fideicommisso debeatur.
It was also asked whether money found in a chest at the house in Gades, or collected from various debtors and deposited there, is due by virtue of the trust.
respondit supra responsum.
He answered as has been answered above.
§32.0.41.7Testamento, quo filium et uxorem heredes instituerat, filiae per fideicommissum centum, cum in familia nuberet, legauit et adiecit ita: 'fidei tuae, filia, committo, ut, cum in familia nubas et quotienscumque nubes, patiaris ex dote tua, quam dabis, partem dimidiam stipulari fratrem tuum et Seiam matrem tuam pro partibus dimidiis dari sibi, si in matrimonio eius cui nubes siue diuortio facto, priusquam dos tua reddatur eoue nomine satisfactum erit, morieris nullo filio filiaue ex eo relicto'.
In a will by which he had appointed his son and his wife as heirs, he bequeathed one hundred by trust to his daughter when she should marry within the family, and added as follows: 'I commit to your trust, my daughter, that when you marry within the family and as often as you marry, you allow your brother and your mother Seia to stipulate for half of your dowry which you will give, to be given to them for a half share each, if you die during the marriage with the one whom you marry or after a divorce has been made, before your dowry is returned or satisfaction is made on that account, leaving no son or daughter from that marriage.' The father placed his daughter in marriage, gave a dowry in her name, and after a divorce recovered the same, gave her in marriage to another with a dowry, and stipulated that the dowry be returned to himself or to his daughter.
pater uirginem filiam nuptum collocauit eiusque nomine dotem dedit et post diuortium eandem recepit et alii in matrimonium cum dote dedit et stipulatus est eam dotem sibi aut filiae suae reddi: manente filia in matrimonio secundo mortuus est eodem testamento relicto eique heredes exstiterunt filius et uxor: postea marito defuncto puella dote recepta nupsit alii praesentibus et consentientibus fratre et matre, quae etiam dotem eius auxit, et neuter eorum stipulati sunt dotem: mox matri filius et filia heredes exstiterunt: deinde in matrimonio filia decessit marito herede relicto.
While the daughter remained in her second marriage, he died leaving the same will, and his son and wife became his heirs. Afterwards, the husband having died, the young woman recovered her dowry and married another, with her brother and mother being present and consenting, and the mother even increased her dowry, and neither of them stipulated for the dowry. Soon, the son and daughter became heirs to the mother. Then, the daughter died during the marriage, leaving her husband as her heir.
quaesitum est, cum puella non ex causa legati pecuniam in dotem ab heredibus patris acceperat, sed mortuo secundo marito mater familias facta dotem reciperauerat, an heres eius ex causa fideicommissi fratri defunctae teneatur in eam pecuniam, quam percipere posset, si dotem stipulatus esset.
It was asked, since the young woman had received the money for her dowry from her father's heirs not by virtue of a legacy, but after the death of her second husband had recovered the dowry having become independent, whether her heir is bound by virtue of the trust to the brother of the deceased for that money which he could have received if he had stipulated for the dowry.
respondit secundum ea quae proponerentur non teneri.
He answered that according to the facts proposed, he is not bound.
§32.0.41.8Eius heres uel legatarius rogatus est, ut quendam adoptet, his uerbis adiectis: 'si alias fecerit, exheres esto' uel 'perdat legatum'. quaesitum est, si non adoptauerit, an ei qui adoptatus non est actio quaedam ex fideicommisso competit.
His heir or legatee was requested to adopt someone, with these words added: 'if he does otherwise, let him be disinherited' or 'let him lose the legacy.' It was asked whether, if he did not adopt, any action by virtue of the trust is available to the one who was not adopted.
respondit fideicommissum, quo quis rogatur ut adoptet, ratum non esse.
He answered that a trust by which someone is requested to adopt is not valid.