[IDEM libro uicesimo tertio ad Sabinum. ] §32.0.50.prCum filio familias ita legatur: 'cum is in tutelam suam peruenerit', pubertatis tempus significatur.
[The same writer, from the twenty-third book on Sabinus.] When a bequest is made to a son under paternal power in this way: "when he comes under his own guardianship", the time of puberty is indicated.
et sane si impuberi filio familias legatum sit, plerumque sentiendum est, quod Sabinus ait, ut non et pater familias fiat, sed ut pubes.
And indeed, if the bequest is made to an impubertal son under paternal power, it should generally be understood, as Sabinus says, not that he also becomes the head of the household, but that he becomes pubertal.
ceterum si mater, quae suspectam habuit mariti a quo diuorterat uitam, filio suo quamuis impuberi leget, non uidetur sensisse de eo tempore, quo pubes est, sed eo, quo et pubes et pater familias est (nam et si pubes fuit, multo magis dicemus de patre familias eam sensisse), ac si dixisset 'in suam tutelam et in suam potestatem'.
But if a mother, who suspected the lifestyle of the husband from whom she had divorced, bequeaths to her son, even if impubertal, she does not seem to have intended that time when he is pubertal, but that when he is both pubertal and the head of the household (for even if he was pubertal, we shall say all the more that she intended him to be the head of the household), just as if she had said "under his own guardianship and under his own power".
§32.0.50.1Quod si quis patri familias impuberi leget, cum suae tutelae sit, de pubertate sensit, interdum et de uiginti quinque annis, si mens testantis appareat.
But if anyone bequeaths to an impubertal head of the household "when he is under his own guardianship", he intended puberty, and sometimes even twenty-five years, if the mind of the testator is apparent.
nam si iam puberi, minori tamen uiginti quinque annis legauit, procul dubio anni uiginti quinque erunt praestituti.
For if he bequeathed to one who is already pubertal, but yet under twenty-five years of age, without a doubt twenty-five years will be the time preordained.
§32.0.50.2Item si furioso uel prodigo uel ei, cui praetor ex causa curatorem dedit, ita sit legatum, puto et de eo sensum casu, quo curae et tutelae liberetur.
Likewise, if a bequest is made in this way to a madman, a prodigal, or one to whom the praetor has for cause appointed a curator, I think the case intended was that in which he is freed from care and guardianship.
§32.0.50.3Ex his et huiusmodi apparet uoluntatis quaestionem Sabinum interpretatum: et utique non dubitaret, si puberi et multo magis maiori uiginti quinque annis ita sit legatum, de sua potestate testatorem sensisse.
From these and similar points, it is clear that Sabinus interpreted the question of intention; and certainly, if a bequest was made in this way to one who is pubertal, and much more so to one older than twenty-five years, he would not doubt that the testator intended his own power.
§32.0.50.4Sic autem haec scriptura uaria est et uoluntatis habet quaestionem, ut illa quoque, si quis ita scripserit 'cum sui iuris fuerit factus' nam aliter alias acciplatur: et plerumque potestatis liberationem continet, plerumque pubertatem uel uicesimum quintum annum.
Moreover, this wording is so variable and involves a question of intention, just as that other wording also does, if anyone has written "when he becomes independent"; for it is understood differently at different times: and mostly it implies liberation from power, and mostly puberty or the twenty-five years.
§32.0.50.5Ego quidem et si quis iam puberi, minori tamen uiginti quinque annis sic legauerit 'cum ad pubertatem peruenerit', puto de aetate eum sensisse, quae caret in integrum restitutione.
For my part, even if someone has bequeathed to one who is already pubertal, but yet under twenty-five years, in this way: "when he reaches puberty", I think he intended that age which lacks restitution to the original state.
§32.0.50.6Idem et si quis 'cum suae aetatis fuerit factus', utrum de pubertate an de uiginti quinque annis sensum sit, disputari de uoluntate potest, non minus quam si ita adscripserit 'cum iustae aetatis sit factus' uel 'cum maturae aetatis' uel 'cum adoleuerit'.
The same applies if someone wrote "when he reaches his own age"; whether puberty or twenty-five years was intended can be debated regarding his intention, no less than if he had added "when he reaches the proper age", or "when he reaches mature age", or "when he grows up".