[SCAEUOLA libro tertio responsorum. ] §33.4.17.prUxori ita legauit: 'uxor mea quidquid ei comparaui et quod mihi dedit e medio sibi sumat': quaero, an dos praelegata uideatur.
[SCAEVOLA, from the third book of Opinions.] He bequeathed to his wife as follows: "Let my wife take for herself from the common mass whatever I acquired for her and what she gave to me." I ask whether the dowry is to be regarded as pre-bequeathed.
respondit uerbis quae proponerentur uideri et de dote legata loqui, nisi aliud testatorem uoluisse probaretur.
He answered that, from the words which were set forth, it seems that he was also speaking of a bequeathed dowry, unless it were proved that the testator had intended otherwise.
§33.4.17.1'Titiae uxori meae, quanta pecunia ad me inue stipulationem dotis eius nomine peruenit, quae dos est dotalibus duobus consignatis instrumentis centum aureorum'. quaesitum est, an utramque summam consequi possit.
"To my wife Titia, whatever money came to me or into a stipulation of dowry in her name, which dowry is one hundred aurei according to two signed dowry instruments." It was asked whether she could obtain both sums.
respondit nihil proponi, cur non possit.
He answered that nothing was set forth to show why she could not.