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Justinian I · The Digest of Justinian §33.10.10.pr

Exclusion of Clothing from Legacy of Household Goods

Passage 5132 of 9271 · Latin

Summary

The opinion of Labeo, Ofilius, and Cascellius that when a testator who recorded both clothing and household goods in the same account-book bequeathed household goods to his wife, the clothing is not included in the legacy because it is not covered by the term "household goods."

[IAUOLENUS libro tertio ex posterioribus Labeonis. ] §33.10.10.prQui uestem omnem et res plurium generum supellectilis expenso ferre solitus erat, is uxori supellectilem legauerat.
[JAVOLENUS in his third book of Epitomes of Labeo's Posterity.] A man who was accustomed to enter all his clothing and items of several kinds of household goods in his account book as expenditure had bequeathed household goods to his wife.
recte negabant uestem legato cessuram Labeo Ofilius Cascellius, quia non posset uideri uestis appellatione supellectilis contineri.
Labeo, Ofilius, and Cascellius rightly denied that the clothing would go to the legacy, because it could not seem that clothing is contained under the designation of household goods.

Notes

  1. §33.10.10.prexpenso ferre — An idiomatic expression in Roman accounting (more commonly expensum ferre), meaning "to enter as expended/expenditure" in an account book.
  2. §33.10.10.prlegato cessuram — The future active participle cessuram (feminine accusative singular, agreeing with uestem) forms a future infinitive with the omission of esse in indirect discourse. legato is the dative case meaning "to the legacy".
  3. §33.10.10.prappellatione supellectilis — appellatione is an ablative of means or cause meaning "by the designation" or "under the name." supellectilis is the genitive case modifying appellatio.

Cite this passage

Justinian I, The Digest of Justinian §33.10.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.10.10.pr

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