[SCAEUOLA libro tertio responsorum. ] §33.4.12.prQui dotem in pecunia numerata et aestimatis rebus acceperat, uxori ita legauit: 'Seiae uxori meae, si omnes res, quae tabulis dotalibus contineantur, heredi meo exhibuerit et tradiderit, summam dotis, quam mihi pro ea pater eius intulit, dari uolo: hoc amplius denarios decem'. quaesitum est, cum res in dotem datae plures ipso usu finitae essent nec moriente marito fuerant, an quasi sub impossibili condicione legatum datum debeatur.
[SCAEUOLA libro tertio responsorum.] A man who had received a dowry in ready money and in estimated goods bequeathed to his wife as follows: 'To my wife Seia, if she exhibits and delivers to my heir all the things contained in the dowry tablets, I wish the amount of the dowry which her father brought to me on her behalf to be given; in addition to this, ten denarii.' The question was raised, since many of the things given as dowry had been consumed by actual use and did not exist when the husband died, whether the legacy was due as if given under an impossible condition.
respondi uideri condicioni paritum, si quod ex rebus in dotem datis supererat, in potestatem heredis peruenit.
I answered that it seems that the condition has been complied with, if whatever remained of the things given as dowry came into the power of the heir.