[IDEM libro septimo decimo digestorum. ] §33.1.19.prTitia herede Seia scripta usum fructum fundi Maeuio legauit eiusque fidei commisit in haec uerba: 'a te, Maeui, ex reditu fundi Speratiani praestari uolo Arrio Pamphilo et Arrio Sticho ex die mortis meae annuos sescentos quotannis, quoad uiuent'. quaesitum est, cum Maeuius annua alimenta praestiterit, post mortem autem eius fundus ad heredem Titiae pleno iure redierit, an alimenta ex fideicommisso Pamphilo et Sticho debeantur.
[The same, in the seventeenth book of his Digests.] Titia, having appointed Seia as her heir, bequeathed the usufruct of a tract of land to Maeuius and committed it to his good faith in these words: "I wish six hundred annually to be paid by you, Maeuius, from the income of the Speratianus tract of land to Arrius Pamphilus and Arrius Sticho from the day of my death, as long as they live." It was asked, when Maeuius had paid the annual maintenance, but after his death the tract of land returned with full right to the heir of Titia, whether the maintenance based on the fideicommissum is due to Pamphilus and Stichus.
respondi nihil proponi, cur debeant praestari ab heredibus Titiae, cum ab usufructuario alimenta relicta sunt.
I answered that no reason is presented why they should be paid by the heirs of Titia, since the maintenance was left by the usufructuary.
idem quaesiit, an ab heredibus Maeuii legatarii praestanda sint.
The same person asked whether they must be paid by the heirs of the legatee Maeuius.
respondit nihil ab herede legatarii, nisi testatorem manifeste probetur uoluisse etiam finito usu fructu praestari, si modo id, quod ex usu fructu receptum esset, ei rei parandae sufficeret.
He answered that nothing is due from the heir of the legatee, unless it is clearly proved that the testator wished it to be paid even after the usufruct had ended, provided that what had been received from the usufruct was sufficient for providing that sum.
§33.1.19.1Qui Marco homini docto certa annua praestabat, testamento cauit: 'domina sanctissima, scio te de amicis meis curaturam, ne quid his desit: uerum tamen et Marco dari octingenta': quaesitum est, an Marcus praestitis sibi ex causa legati octingentis annua quoque consequi debeat.
A person who used to pay a certain annual sum to Marcus, a learned man, provided in his will: "Most revered lady, I know that you will take care of my friends, so that they lack nothing; nevertheless, let eight hundred also be given to Marcus." It was asked whether Marcus, after the eight hundred had been paid to him by reason of the legacy, ought also to obtain the annual sum.
respondit nihil proponi, cur non secundum ea, quae in consultatione collata essent, debeantur.
He answered that no reason is presented why they are not due according to the facts submitted in the consultation.
§33.1.19.2'Lucio Titio auri pondo tria, quae uiua praestabam'. quaero, cum testatrix quadraginta Titio, quoad uiueret, salarii nomine certam summam et amplius festorum dierum nomine certum pondus argenti aut pro eo pretium praestiterit, an eadem ex causa legati uel fideicommissi ab heredibus eius Titio praestari debeant.
"To Lucius Titius, three pounds of gold, which I used to pay while alive." I ask, when the testatrix, as long as she lived, had for forty years paid to Titius a certain sum under the name of salary and furthermore a certain weight of silver or its price under the name of festival days, whether these same things ought to be paid to Titius by her heirs by reason of the legacy or fideicommissum.
respondit nihil proponi, cur praestanda non sunt.
He answered that no reason is presented why they should not be paid.