[PAULUS libro primo fideicommissorum. ] §32.0.8.prSi legatarius, a quo fideicommissum datum est, petierit legatum, id tantum, quod per iudicem exegerit, praestare fideicommissario cogetur uel, si non exegerit, actione cedere: ad eum enim litis periculum spectare iniquum est, si non culpa legatarii lis perierit.
[PAULUS from the first book on Trusts.] If a legatee, upon whom a trust has been imposed, sues for the legacy, he will be compelled to perform to the beneficiary of the trust only what he has recovered through the judge, or, if he has not recovered it, to cede the right of action: for it is unjust that the risk of the litigation should fall upon him, if the lawsuit was lost not through the fault of the legatee.
§32.0.8.1Seruo heredis fideicommissum utiliter non relinquitur, nisi fidei eius commiserit, ut seruum manumittat.
A trust is not validly left to a slave of the heir, unless the testator has charged the faith of the heir to manumit the slave.
§32.0.8.2Cum ita petisset testator, ut, quidquid ex bonis eius ad patrem peruenisset, filiae suae ita restitueret, ut eo amplius haberet, quam ex bonis patris habitura esset, diuus Pius rescripsit manifestum esse de eo tempore sensisse testatorem, quod post mortem patris futurum esset.
When a testator had requested that whatever of his estate should come to the father should be restored to his daughter in such a way that she would have so much more than she would have had from her father's estate, the Divine Pius wrote in a rescript that it was manifest that the testator had in mind that time which would follow after the death of the father.