Humanitext Reader

Justinian I · The Digest of Justinian §33.10.8.pr

Inclusion of Silverware in Bequest of a House

Passage 5130 of 9271 · Latin

Summary

Modestinus replies that in a bequest of a house with its household goods, general silver items are included, but table or drinking silver is not unless the legatee proves that such was the testator's intention.

[MODESTINUS libro nono responsorum. ] §33.10.8.prCum quidam uxori suae legauerat domum cum iure suo omni et instrumento et supellectili, quaerebatur, an uideretur et argentum escale et potorium legato contineri.
[MODESTINUS in his ninth book of Responses.] When a certain person had bequeathed to his wife a house with all its rights, equipment, and household goods, it was asked whether both table silver and drinking silver should be deemed to be contained in the legacy.
respondit, si quid in supellectili argentum est, deberi, escale autem uel potorium argentum non deberi, nisi hoc quoque testatorem sensisse legatarius doceat.
He answered that if there was any silver among the household goods, it was owed, but that table or drinking silver was not owed, unless the legatee should prove that the testator had intended this as well.

Notes

  1. §33.10.8.prdeberi — The present passive infinitive of the verb `debere` (to owe), functioning in the indirect speech introduced by `respondit`. The accusative subject (either `id` or `argentum`) is omitted. In legal contexts, `deberi` signifies that an object of a legacy or debt "is owed" or "must be delivered."
  2. §33.10.8.prtestatorem sensisse — An accusative with infinitive construction functioning as the object of the subjunctive verb `doceat` (to show/prove). `testatorem` is the subject accusative, and `sensisse` (perfect active infinitive of `sentire`) is the infinitive, meaning "that the testator had intended."

Cite this passage

Justinian I, The Digest of Justinian §33.10.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.10.8.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.