[ALFENUS libro secundo digestorum a PAULO epitomatorum. ] §32.0.60.prCum quaereretur, agni legati quatenus uiderentur, quidam aiebant agnum dumtaxat sex mensum esse: sed uerius est eos legatos esse, qui minores anniculis essent. esse: sed uerius est eos legatos esse, qui minores anniculis essent.
[ALFENUS, from the second book of the Digests epitomized by PAULUS.] When it was asked to what extent lambs that had been bequeathed should be understood, some asserted that a lamb was only of six months; but it is truer that those which were less than a year old were bequeathed....of six months; but it is truer that those which were less than a year old were bequeathed.
§32.0.60.1Seruis et ancillis urbanis legatis agasonem mulionem legato non contineri respondi: eos enim solos in eo numero haberi, quos pater familias circum se ipse sui cultus causa haberet.
When urban male and female slaves have been bequeathed, I answered that the groom and the muleteer are not contained in the bequest; for only those are to be considered in that number whom the father of the family himself had around him for the sake of his own service.
§32.0.60.2Lana lino purpura uxori legatis, quae eius causa parata essent, cum multam lanam et omnis generis reliquisset, quaerebatur, an omnis deberetur.
When wool, flax, and purple prepared for her sake were bequeathed to a wife, and the deceased had left much wool and of every kind, it was asked whether all of it was due.
respondit, si nihil ex ea destinasset ad usum uxoris, sed omnis commixta esset, non dissimilem esse deliberationem, cum penus legata esset et multas res quae penus essent reliquisset, ex quibus pater familias uendere solitus esset.
He answered that if he had designated none of it for the use of his wife, but all was mixed together, the consideration was not unlike that when provisions were bequeathed and he had left many things which belonged to the provisions, out of which the father of the family was accustomed to sell.
nam si uina diffudisset habiturus usioni ipse et heres eius, tamen omne in penu existimari.
For even if he had poured out wines intending to keep them for the use of himself and his heir, yet all is considered to be in the provisions.
sed cum probaretur eum qui testamentum fecisset partem penus uendere solitum esse, constitutum esse, ut ex eo, quod ad annum opus esset, heredes legatario darent.
But when it was proved that he who had made the will was accustomed to sell a part of the provisions, it was decided that the heirs should give to the legatee what was necessary for a year.
sic mihi placet et in lana fieri, ut ex ea quod ad usum annuum mulieri satis esset, ea sumeret: non enim deducto eo, quod ad uiri usum opus esset, reliquum uxori legatum esse, sed quod uxoris causa paratum esset.
I am pleased that the same be done in the case of wool, so that she may take from it what would be sufficient for the woman's annual use; for it is not the case that, after deducting what was necessary for the husband's use, the remainder was bequeathed to the wife, but rather what had been prepared for the wife's sake.
§32.0.60.3Praediis legatis et quae eorum praediorum colendorum causa empta parataque essent, neque topiarium neque saltuarium legatum uideri ait: topiarium enim ornandi, saltuarium autem tuendi et custodiendi fundi magis quam colendi paratum esse: asinum machinarium legatum uideri: item oues, quae stercorandi fundi causa pararentur: item opilionem, si eius generis oues curaret.
When estates have been bequeathed, and what had been bought and prepared for the sake of cultivating those estates, he says that neither the landscape gardener nor the forest keeper is understood to be bequeathed; for the landscape gardener is prepared for the sake of decorating, while the forest keeper is prepared rather for defending and guarding the land than for cultivating it. A mill-donkey is understood to be bequeathed; likewise sheep, which were prepared for the sake of manuring the land; likewise the shepherd, if he took care of sheep of that kind.