[SCAEUOLA libro tertio responsorum. ] §32.0.93.prLucius Titius testamento suo cauit, ne ullo modo praedium suburbanum aut domum heres alienaret: filia eius heres scripta heredem reliquit filiam suam, quae easdem res diu possedit et decedens extraneos heredes instituit: quaesitum est, an praedia pertinerent ad Iuliam, quae Lucium Titium testatorem patruum maiorem habuit.
[SCAEVOLA, from his third book of Responses.] Lucius Titius provided in his will that the heir should not in any way alienate the suburban estate or the house. His daughter, appointed as heir, left as her heir her own daughter, who possessed the same properties for a long time and, upon dying, appointed stranger heirs. It was asked whether the estates belonged to Julia, who had the testator Lucius Titius as her great-uncle.
respondit nihil proponi contra uoluntatem defuncti factum, quo minus ad heredem pertinerent, cum hoc nudum praeceptum est.
He responded that nothing was proposed as done against the will of the deceased to prevent them from belonging to the heir, since this is a bare precept.
§32.0.93.1Semproniae 'mulieri meae reddi iubeo ab heredibus meis centum aureos, quos mutuos acceperam'. quaesitum est, si hanc pecuniam ut debitam Sempronia petens uicta sit, an fideicommissum peti possit.
"I order my heirs to return to my wife Sempronia one hundred aurei, which I had received as a loan." It was asked, if Sempronia, claiming this money as a debt, was defeated, whether it could be claimed as a fideicommissum.
respondit secundum ea quae proponerentur posse ex causa fideicommissi peti, quod apparuisset non fuisse ex alia causa debitum.
He responded that according to the facts proposed, it could be claimed on the ground of a fideicommissum, because it had appeared that it was not owed on any other ground.
§32.0.93.2Quidam praedia legauit libertis adiectis his uerbis: 'uti a me possessa sunt et quaecumque ibi erunt, cum moriar': quaesitum est, an mancipia, quae in his praediis morata in diem mortis patris familias fuerunt operis rustici causa uel alterius officii, ceteraeque res, quae ibi fuerunt, ad legatarios pertineant.
Someone bequeathed estates to his freedmen, adding these words: "just as they were possessed by me, and whatever shall be there when I die." It was asked whether the slaves, who had remained on these estates up to the day of the death of the paterfamilias for the purpose of agricultural work or other service, and the other things which were there, belonged to the legatees.
respondit pertinere.
He responded that they did belong.
§32.0.93.3Quaesitum est, an, quod heredes fratribus rogati essent restituere, etiam ad sorores pertineret.
It was asked whether what the heirs had been requested to restore to "brothers" also belonged to "sisters".
respondit pertinere, nisi aliud sensisse testatorem probetur.
He responded that it did belong, unless it is proved that the testator intended otherwise.
§32.0.93.4Collegio fabrorum fundum cum siluis, quae ei cedere solent, uti optimus maximusque esset, legauit.
He bequeathed to a guild of artisans an estate with the woods which usually go with it, in its best and greatest condition.
quaero, an ea quoque, quae in diem mortis ibi fuissent, id est faenum pabulum palea, item machina, uasa uinaria, id est cuppae et dolia, quae in cella defixa sunt, item granaria legata essent.
I ask whether those things also which had been there up to the day of death, namely hay, fodder, straw, likewise a machine, wine vessels, namely vats and jars fixed in the cellar, likewise granaries, were bequeathed.
respondit non recte peti, quod legatum non esset.
He responded that they were not rightly claimed, because they had not been bequeathed.
§32.0.93.5Ex parte dimidia heredi instituto per praeceptionem fundum legauit et ab eo ita petit: 'peto, uti uelis coheredem tibi recipere in fundo Iuliano meo, quem amplius te recipere iussi, Clodium Uerum nepotem meum, cognatum tuum'. quaero, an pars fundi ex causa fideicommissi nepoti deberetur.
He bequeathed an estate by preception to an heir appointed to a half share, and made a request of him as follows: "I ask that you be willing to admit as co-recipient with you in my Julian estate, which I ordered you to receive additionally, Clodius Verus my grandson, your relative." I ask whether a share of the estate was owed to the grandson on the ground of a fideicommissum.
respondit deberi.
He responded that it was owed.