[AFRICANUS libro sexto quaestionum. ] §32.0.64.prQui filium et nepotem heredem instituerat, certa praedia quaeque in his mortis tempore sua essent nepoti per fideicommissum dederat excepto kalendario: mortis tempore in ea arca, in qua instrumenta et cautiones debitorum erant, pecunia numerata inuenta est.
[AFRICANUS, from his sixth book of Questions.] A person who had appointed his son and grandson as heirs had given to his grandson by way of trust certain lands and whatever in them was his at the time of his death, with the exception of the ledger of loans: at the time of his death, cash was found in the chest in which the instruments and security bonds of the debtors were kept.
plerisque uidebatur uix uerosimile esse, ut testator de pecunia numerata sensisset.
It seemed to most of them scarcely probable that the testator had thought of cash.
ego autem illud dignum animaduersione existimabam, cum quis kalendarium praestari alicui uoluerit, utrumne nomina dumtaxat debitorum praestari uoluisse intellegendus est an uero etiam pecuniam, si qua ab his exacta, eidem tamen kalendario destinata fuerit.
I, however, thought it worthy of note, when someone has willed a ledger of loans to be made over to someone, whether he should be understood to have willed merely the claims against debtors to be made over, or also the money, if any was collected from them, yet destined for the same ledger.
et magis puto, quemadmodum, si exactae pecuniae et rursus collocatae essent, permutatio nominum non peremeret uel minueret fideicommissum, ita ipsae quoque pecuniae, si adhuc kalendario, id est nominibus faciendis destinatae essent, eidem fideicommisso cedere debeant.
And I rather think that, just as, if the collected money had been lent out again, the change of names would not destroy or diminish the trust, so also the money itself, if it were still destined for the ledger, that is, for making new claims, ought to accrue to the same trust.
quin etiam illud quoque putem defendi posse, ut non modo a debitoribus exactae pecuniae, sed quacumque de causa redactae, eidem tamen rationi fuerint destinatae fideicommisso cedant.
Nay, I would even think it defensible that not only money collected from debtors, but money recovered for whatever reason, provided it was destined for the same account, should accrue to the trust.