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Justinian I · The Digest of Justinian §33.2.33.pr-33.2.33.2

Habitation in Bequests of Living Provisions and Places of Residence

Passage 4985 of 9271 · Latin

Summary

The text discusses whether a right of habitation is included when a testator bequeaths what they provided while alive, and whether a codicil allowing freedmen to grow old in certain places implies a bequest of the fruits of those places.

[IDEM libro septimo decimo digestorum. ] §33.2.33.pr'Sempronio ea, quae uiuus praestabam, dari uolo': is etiam habitabat in testatoris domo, quae uni ex heredibus praelegata erat: quaesitum est, an habitatio quoque debeatur.
[THE SAME, From the Seventeenth Book of his Digests.] 'I wish those things which I provided while alive to be given to Sempronius': he also lived in the testator's house, which had been pre-bequeathed to one of the heirs. It was asked whether a right of habitation was also due.
respondit nihil proponi, cur non debeatur.
He answered that nothing was presented to show why it should not be due.
§33.2.33.1Ex his uerbis testamenti: 'libertis meis, quibus nominatim nihil reliqui, quae uiuus praestabam dari uolo' quaesitum est, an libertis, qui cum patrono suo in diem mortis habitabant, etiam habitatio relicta uideatur.
From these words of the testament: 'I wish those things which I provided while alive to be given to my freedmen to whom I have left nothing by name', it was asked whether a right of habitation also seemed to be left to the freedmen who lived with their patron until the day of his death.
respondit uideri.
He answered that it did.
§33.2.33.2Codicillis ita scripsit: 'Negidium Titium Dionem libertos meos senes et infirmos peto in locis, in quibus nunc agunt, senescere patiamini': quaero, an ex hoc capite liberti supra scripti ex fideicommisso fructus locorum, quibus morantur, recipere debeant, cum alia, quae eis specialiter legata sunt, sine controuersia consecuti sunt.
He wrote in a codicil as follows: 'I ask that you allow my freedmen Negidius, Titius, and Dio, who are old and infirm, to grow old in the places where they now live.' I ask whether, under this clause, the above-mentioned freedmen ought to receive, by virtue of the trust, the fruits of the places where they are staying, since they have obtained without controversy other things specially bequeathed to them.
respondit uerbis quae proponerentur id petitum, ut ad eum modum paterentur heredes ibi eos esse, ad quem modum ipsa patiebatur.
He answered that by the words proposed, it was requested that the heirs should allow them to be there in the same manner as she herself had allowed them.

Notes

  1. §33.2.33.prpraelegata — Perfect passive participle of the verb praelegare (to bequeath in advance, pre-bequeath). It refers to the legacy of a specific property to one of the co-heirs before the division of the inheritance.
  2. §33.2.33.2ex hoc capite — A combination of the preposition ex (from, in accordance with) and the ablative noun phrase hoc capite (this chapter, this clause). Here it refers to the specific provision of the codicil.
  3. §33.2.33.2ipsa patiebatur — The subject ipsa (feminine singular intensive pronoun) indicates that the maker of the codicil was a woman (testatrix). Patiebatur (imperfect of patior, 'she was allowing') refers to the factual state she had permitted during her lifetime as the standard for the heirs' obligation.

Cite this passage

Justinian I, The Digest of Justinian §33.2.33.pr-33.2.33.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.2.33.pr-33.2.33.2

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