[IDEM libro tertio responsorum. ] §33.2.38.pr'Fundi Aebutiani reditus uxori meae quoad uiuat dari uolo': quaero, an possit tutor heredis fundum uendere et legatario offerre quantitatem annuam, quam uiuo patre familias ex locatione fundi redigere consueuerat.
[THE SAME, From the Third Book of his Opinions.] 'I wish the income of the Aebutian estate to be given to my wife as long as she lives': I ask whether the tutor of the heir can sell the estate and offer to the legatee the annual amount which, during the lifetime of the paterfamilias, he was accustomed to collect from the leasing of the estate.
respondit posse.
He answered that he can.
item quaero, an habitare impune prohiberi possit.
Likewise I ask whether she can be prohibited from living there with impunity.
respondit non esse obstrictum heredem ad habitationem praestandam.
He answered that the heir is not bound to provide habitation.
item quaero, an compellendus sit heres reficere praedium.
Likewise I ask whether the heir should be compelled to repair the property.
respondit, si heredis facto minores reditus facti essent, legatarium recte desiderare, quod ob eam rem deminutum sit.
He answered that, if by the act of the heir the income had become less, the legatee could rightly claim what had been diminished on that account.
item quaero, quo distat hoc legatum ab usu fructu.
Likewise I ask in what respect this bequest differs from a usufruct.
respondit ex his, quae supra responsa essent, intellegi differentiam.
He answered that the difference is understood from what had been answered above.