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Justinian I · The Digest of Justinian §33.5.22.pr

Option Legacy to Wife and Selection from Existing Goods

Passage 5041 of 9271 · Latin

Summary

In a case where a husband bequeathed estates and four platters of the wife's choice to his wife by codicil, it was asked whether she could choose from those platters existing at the time of his death, and he replied in the affirmative.

[SCAEUOLA libro septimo decimo digestorum. ] §33.5.22.prMaritus uxori suae codicillis per fideicommissum dedit praedia, item lances quas elegerit quattuor: quaesitum est, an ex his lancibus, quae mortis tempore sint, eligere possit.
[SCAEUOLA libro septimo decimo digestorum.] A husband gave to his wife by codicil through a fideicommissum estates, and likewise four platters which she should choose. It was asked whether she could choose from those platters which exist at the time of [the testator's] death.
respondit posse.
He replied that she could.

Notes

  1. §33.5.22.prquas elegerit — Perfect subjunctive or future perfect indicative. It qualifies the antecedent 'lances' within the relative clause, indicating a future selection ('which she shall have chosen').
  2. §33.5.22.prquae mortis tempore sint — The present subjunctive 'sint' is used because the relative clause is subordinate to the indirect question 'an...possit' (mood attraction). Temporally, it refers to the objects existing at the time of the testator's death.
  3. §33.5.22.prposse — An accusative with infinitive construction following the main verb 'respondit' (he replied), with the subject accusative (eam / uxorem) omitted. It means '[that she] is able to [choose]'.

Cite this passage

Justinian I, The Digest of Justinian §33.5.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.5.22.pr

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