[SCAEUOLA libro quarto decimo digestorum. ] §33.1.18.prCodicillis testamento confirmatis fundum libertis legauit eumque alienari uetuit, sed pertinere uoluit et ad filios libertorum uel ex his natos: deinde haec uerba adiecit: 'a quibus praestari uolo heredi ex reditu eius fundi decem per annos singulos usque ad annos triginta quinque a die mortis meae'. quaesitum est, cum heres a Titio institutus intra trigesimum quintum annum aetatis decesserit, an residui temporis fideicommissum ex uerbis supra scriptis heredis quoque heredi debeatur.
In codicils confirmed by a will, he bequeathed a tract of land to his freedmen and forbade it to be alienated, but wished it to belong also to the children of the freedmen or those born of them; he then added these words: "from whom I wish ten to be paid every year to my heir from the income of that tract of land, for thirty-five years from the day of my death." It was asked, when the heir appointed by Titius died within his thirty-fifth year of age, whether the fideicommissum for the remaining time based on the above-written words is also due to the heir of the heir.
respondit deberi, nisi ostendatur a libertis testatorem ad heredis trigesimum quintum annum respexisse.
He answered that it is due, unless it is shown by the freedmen that the testator had in view the thirty-fifth year of the heir's age.
§33.1.18.1Sticho alumno suo centum et menstruos decem et annuos centum dari uoluit et Semproniam, quam heredem ex triente instituerat, rogauit in haec uerba: 'fidei tuae committo, Sempronia soror, uti legata, quae alumnis meis reliqui, ex medio recipias et apud te habeas, quoad usque commendatos habeas'. quaesitum est, cum Sempronia, cuius fidei commissum sit, abstinuerat se hereditate antequam secundum uoluntatem defuncti perciperet pecuniam alumnis relictam, an Sticho de legatis actio etiam ante uicesimum quintum annum competat.
He wished one hundred, and ten monthly, and one hundred annually to be given to his foster-child Stichus, and requested Sempronia, whom he had appointed heir to a third-part, in these words: "I commit to your good faith, sister Sempronia, that you receive from the common estate the legacies which I have left to my foster-children, and keep them with you, as long as you have them recommended to your care." It was asked, when Sempronia, to whose good faith the trust had been committed, had abstained from the inheritance before she received the money left to the foster-children according to the will of the deceased, whether Stichus has a right of action for the legacies even before his twenty-fifth year.
respondit competere.
He answered that he has.