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Justinian I · The Digest of Justinian §32.0.9.pr

Scope of Trusts Imposed on Any Future Acquirer of the Estate

Passage 4829 of 9271 · Latin

Summary

If a testator leaves a trust to "whomever his property may come," this phrasing applies to anyone who later enters the family, becomes a cognate, or, under the Edict, becomes an eligible spouse to receive the intestate estate.

[MAECIANUS libro primo fideicommissorum. ] §32.0.9.prSi ita fuerit fideicommissum relictum: 'ad quemcumque ex testamento meo uel ab intestato' uel ita: 'ad quemcumque quoquo iure bona mea perueniant': hac oratione et eius, qui postea natus erit inue familiam uenerit et eius, qui postea cognatus esse coeperit, fidei commissum uidetur: eius quoque, quae nondum nupta erit, sed postea eo casu, quo ex edicto ad uxorem bona mariti intestati solent pertinere.
[MAECIANUS from the first book on Trusts.] If a trust has been left in this manner: "to whomever [my property] may come by my will or by intestacy," or in this manner: "to whomever and by whatever right my property may come": by these words, it is deemed to be entrusted to the good faith of both him who shall be born or enter the family later, and him who shall later begin to be a cognate; and also of her who is not yet married, but later [becomes his wife] in that case in which, by the Edict, the property of an intestate husband is accustomed to belong to the wife.

Notes

  1. §32.0.9.prfidei commissum uidetur — In this context, this is interpreted as the passive construction of the phrase 'eius fidei committere' (to entrust to someone's good faith, i.e., to impose a trust upon someone). Therefore, all the subsequent persons described are deemed to have the trust imposed upon them as trustees. The subject of 'uidetur' is 'fideicommissum' from the beginning of the sentence.
  2. §32.0.9.prex edicto — This refers to the provisions of the Praetorian Edict (edictum praetorium) concerning the possession of property (bonorum possessio). Specifically, it contemplates the order of succession recognized between husband and wife (unde vir et uxor) in the case of intestacy when there are no cognates.

Cite this passage

Justinian I, The Digest of Justinian §32.0.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.9.pr

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