[SCAEUOLA libro quinto decimo digestorum. ] §33.4.14.prTheopompus testamento facto duas filias et filium aequis partibus instituit heredes et codicillis ita cauit: 'τὴν θυγατέρα μου Κρισπίναν, ἣν ηὐχόμην ἐκδοθῆναι, ᾧ ἂν οἱ φίλοι μου καὶ οἱ συγγενεῖς δοκιμάσωσι, προνοῆσαι ἐκδοθῆναι Πολλιανὸς εἰδώς μου τὴν γνώμην ἐπὶ τοῖς ἴσοις, ἐφ’ οἷς καὶ τὴν ἀδελφὴν αὐτῆς ἐξέδωκα. ’ Pollianus a marito puellae iuratus scripsit uoluisse patrem eandem quantitatem in dotem accipere etiam minorem filiam, quam maior accepisset.
[SCAEUOLA, from the fifteenth book of the Digests.] Theopompus, having made a will, instituted his two daughters and his son as heirs in equal shares, and in a codicil provided as follows: "As for my daughter Crispina, whom I wished to be given in marriage to whomever my friends and relatives approve, Pollianus, knowing my intention, shall see to it that she is given in marriage on the same terms as those on which I also gave her sister." Pollianus, having been put on oath by the girl's husband, wrote that the father had wished that the younger daughter also should receive the same quantity as a dowry as the older had received.
quaero, an eandem summam dotis nomine coheredes extra partem hereditatis minori filiae praestare debeant.
I ask whether the co-heirs ought to pay the same sum under the name of dowry to the younger daughter, apart from her share of the inheritance.
respondit eum cuius notio est aestimaturum, ut eadem quantitas ex communi praecipua minori filiae dotis nomine detur.
He answered that the person who has jurisdiction over the matter should judge that the same quantity be given to the younger daughter under the name of dowry, preferentially out of the common property.