[IDEM libro uicesimo secundo digestorum. ] §32.0.41.9'Agri plagam, quae est in regione illa, Maeuiis Publio et Gaio transcribi uolo, pretio facto uiri boni arbitratu et hereditati illato, duplae euictione expromissa reliquis heredibus, ita ut sub poena centum promittant eam agri plagam partemue eius ad Seium posterosue eius non peruenturam quaqua ratione'.
[THE SAME, from the twenty-second book of the Digests.] 'I wish that the tract of land which is in that region be transferred to Publius and Gaius Maevius, the price having been determined by the judgment of an honorable man and paid into the inheritance, and double indemnity in case of eviction having been promised to the remaining heirs, on condition that under a penalty of one hundred they promise that the said tract of land or any part of it shall not come to Seius or his descendants by any means.' It was asked whether the legacy is valid when Publius wishes to buy but Gaius does not wish to.
quaesitum est, an legatum ualeat, cum Publius emere uelit, Gaius nolit. respondit eum, qui fideicommissum praestari sibi uelit, posse partem dimidiam eius agri qui legatus est petere, quamuis alter persequi nolit.
He answered that he who wishes the trust to be performed for himself can claim a half share of the land which was bequeathed, even though the other does not wish to pursue it.
item quaesitum est, cautio, quae interponi debeat secundum uoluntatem, pro quota parte cuique heredum praestanda sit.
It was also asked in what proportion the security, which ought to be provided according to the will, should be furnished to each of the heirs.
respondit pro ea portione, quae ex fideicommisso praestatur.
He answered that it should be provided in proportion to that share which is performed under the trust.
§32.0.41.10Sorori legauit homines quos nominauit testamento eiusque fidei commissit, ut eadem mancipia filiis suis cum obiret restitueret.
He bequeathed to his sister the slaves whom he named in his will, and committed to her trust that she should restore the same slaves to her children when she died.
quaesitum est, adgnata ex his an defuncti filii heredibus restituenda sint post mortem legatariae an remaneant apud heredes eius.
It was asked whether the children born of them afterwards should be restored to the heirs of the deceased son after the death of the legatee, or whether they should remain with her heirs.
respondit ea, quae postea adgnata essent, uerbis fideicommissi non contineri.
He answered that those born afterwards are not included in the words of the trust.
§32.0.41.11Pater naturalis filiae suae ex testamento mariti eius fideicommissi debitor, cum ea mulier alii nuberet, non mandatu mulieris dotem marito eius dedit et sibi reddi eam stipulatus est, si sine liberis filia moreretur: mulier filiam suscepit: quaesitum est, an fideicommissum a patre exigere possit.
A natural father, who was the debtor of a trust to his daughter under the will of her husband, when that woman married another, gave a dowry to her husband without her mandate and stipulated that it should be returned to himself if his daughter should die without children. The woman gave birth to a daughter. It was asked whether she could demand the trust from her father.
respondit, si nec ratam habuisset dotem datam, superesse fideicommissi petitionem.
He answered that if she had not even ratified the giving of the dowry, the action for the trust remained.
idem quaesiit, an, si pater accepto facere stipulationem uelit, mulieri persecutio fideicommissorum deneganda sit.
The same person asked whether, if the father wished to release the stipulation by acceptilatio, the pursuit of the trust should be denied to the woman.
respondit supra responsum, eumque patrem, de quo quaereretur, si ita dedisset, ut mulier ratum haberet, posse condicere.
He answered as above, and that the father in question, if he had given it on condition that the woman should ratify it, could bring an action for recovery.
§32.0.41.12Seium maritum scripsit heredem eique substituit Appiam alumnam fideique heredis commisit, ut post mortem suam hereditatem eidem alumnae restitueret aut, si quid ante contigisset alumnae, tunc Ualeriano fratris filio restitueret eandem hereditatem.
She appointed her husband Seius as her heir, and substituted her alumna Appia to him, and committed to the heir's trust that after his death he should restore the inheritance to the same alumna, or, if anything should have happened to the alumna beforehand, then he should restore the same inheritance to Valerianus, the son of her brother.
quaesitum est, si Seius uiuus, quidquid ad eum ex hereditate peruenisset, alumnae restituisset, an secundum uoluntatem defunctae id fecisse uideretur: praesertim cum haec idem substituta esset.
It was asked whether, if Seius during his lifetime had restored to the alumna whatever had come to him from the inheritance, he should be deemed to have done so according to the will of the deceased; especially since she herself had been substituted.
respondit, si uiuo Seio Appia decessisset, non esse liberatum a fideicommisso Ualeriano relicto.
He answered that if Appia should die during the lifetime of Seius, he would not be released from the trust left to Valerianus.
§32.0.41.13Scaeuola respondit: cum heres scriptus rogatus esset, cum uolet, alii restituere hereditatem, interim non est compellendus ad fideicommissum.
Scaevola answered: when the appointed heir is requested to restore the inheritance to another "when he wishes," in the meantime he is not to be compelled to the trust.
CLAUDIUS: post mortem enim utique creditur datum.
CLAUDIUS: for indeed it is believed to have been given after death.
§32.0.41.14Heredis scripti fidei commisserat, ut Seiae uxori uniuersam restitueret hereditatem et uxoris fidei commisit in haec uerba: 'a te, Seia, peto, ut quidquid ad te ex hereditate mea peruenerit, exceptis his, si qua tibi supra legaui, reliquum omne reddas restituas Maeuiae infanti dulcissimae.
He had committed to the appointed heir's trust to restore the entire inheritance to his wife Seia, and committed to his wife's trust in these words: 'I ask of you, Seia, that whatever shall come to you from my inheritance, except for those things, if any, which I bequeathed to you above, you return and restore all the rest to my sweetest infant Maevia.
a qua Seia satis exigi ueto, cum sciam eam potius rem aucturam quam detrimento futuram'. quaesitum est, an statim Maeuia fideicommissum a Seia petere possit.
And I forbid security to be demanded from Seia, since I know that she will rather increase the estate than be a detriment to it.' It was asked whether Maevia could immediately claim the trust from Seia.
respondit nihil proponi, cur non possit.
He answered that no reason was presented why she could not.