[PAPINIANUS libro septimo responsorum. ] §32.0.91.prPraediis per praeceptionem filiae datis cum reliquis actorum et colonorum ea reliqua uidentur legata, quae de reditu praediorum in eadem causa manserunt: alioquin pecuniam a colonis exactam et in kalendarium in eadem regione uersam reliquis non contineri neque colonorum neque actorum facile constabit, tametsi nominatim actores ad filiam pertinere uoluit.
[PAPINIANUS, from his seventh book of Responses.] When estates are given to a daughter by way of preception, together with the arrears of the managers and tenants, those arrears are deemed to be bequeathed which, arising from the income of the estates, remained in the same state: otherwise, it will easily be clear that money collected from the tenants and entered into the ledger in the same district is not included in the arrears, either of the tenants or of the managers, even though he wished the managers by name to belong to his daughter.
§32.0.91.1Ex his uerbis: 'Lucio Titio praedia mea illa cum praetorio, sicut a me in diem mortis meae possessa sunt, do' instrumentum rusticum et omnia, quae ibi fuerunt, quo dominus fuisset instructior, deberi conuenit: colonorum reliqua non debentur.
From these words: 'I give to Lucius Titius those estates of mine with the manor house, just as they were possessed by me up to the day of my death', it is agreed that the rustic implements and all things that were there, in order that the owner might be better equipped, are owed; the arrears of the tenants are not owed.
§32.0.91.2Pater filio tabernam purpurariam cum seruis institoribus et purpuris, quae in diem mortis eius ibi fuerunt, legauit.
A father bequeathed to his son a purple-dyeing shop, together with the slave-managers and the purple dyes which were there on the day of his death.
neque pretia purpurae condita neque debita neque reliqua legato contineri placuit.
It was held that neither the stored prices of the purple, nor outstanding debts, nor arrears are included in the bequest.
§32.0.91.3'Titio Seiana praedia, sicuti comparata sunt, do lego'.
'I give and bequeath the Seian estates to Titius, just as they were purchased'.
cum essent Gabiniana quoque simul uno pretio comparata, non sufficere solum argumentum emptionis respondi, sed inspiciendum, an litteris et rationibus appellatione Seianorum Gabiniana quoque continentur et utriusque possessionis confusi reditus titulo Seianorum accepto lati essent.
Since the Gabinian estates had also been purchased at the same time for a single price, I responded that the sole argument of the purchase was not sufficient, but that it must be inspected whether, in letters and accounts, the Gabinian estates were also included under the name of the Seian, and whether the mixed revenues of both properties had been entered as received under the title of the Seian estates.
§32.0.91.4Balneas legatae domus esse portionem constabat: quod si eas publice praebuit, ita domus esse portionem balneas, si per domum quoque intrinsecus adirentur et in usu patris familiae uel uxoris nonnumquam fuerunt et mercedes eius inter ceteras meritoriorum domus rationibus accepto ferebantur et uno pretio comparatae uel instructae communi coniunctu fuissent.
It was clear that baths were a part of a bequeathed house; but if he offered them for public use, the baths would only be a part of the house if they were also entered internally through the house, and were sometimes in the use of the father of the family or his wife, and their rent was entered as received in the accounts of the house among the other rents of lodgings, and they had been purchased at one price or equipped under a common connection.
§32.0.91.5Qui domum possidebat, hortum uicinum aedibus comparauit ac postea domum legauit.
He who owned a house purchased a garden adjacent to the building, and afterwards bequeathed the house.
si hortum domus causa comparauit, ut amoeniorem domum ac salubriorem possideret, aditumque in eum per domum habuit et aedium hortus additamentum fuit, domus legato continebitur.
If he purchased the garden for the sake of the house, so that he might possess a more pleasant and healthier house, and had access to it through the house, and the garden was an addition to the building, it will be included in the bequest of the house.
§32.0.91.6Appellatione domus insulam quoque iniunctam domui uideri, si uno pretio cum domu fuisset comparata et utriusque pensiones similiter accepto latas rationibus ostenderetur.
Under the name of a 'house', a lodging-house joined to the house is also deemed to be bequeathed, if it had been purchased at one price with the house and it was shown by the accounts that the rents of both were similarly entered as received.