[ULPIANUS libro uicesimo ad Sabinum. ] §33.7.12.38Idem respondit praediis instructis legatis actorem ex his in prouinciam missum, ut ordinatis negotiis ad pristinum actum rediret, legato praediorum cedere, quamuis nondum redierit.
The same replied that when equipped estates are bequeathed, an agent sent from among them into a province, in order to return to his former duties after arranging his affairs, cedes to the bequest of the estates, even though he has not yet returned.
§33.7.12.39Idem respondit instructis hortis legatis etiam uina, quae ibi fuerunt, quo dominus esset instructior, contineri: aliud esse, si horrea ibi habuit, unde instruebatur uel in urbe uel in aliis praediis.
The same replied that when equipped gardens are bequeathed, even the wine which was there so that the owner might be better equipped is contained; it is otherwise if he had storehouses there, from which equipment was supplied either in the city or in other estates.
§33.7.12.40Idem respondit domo per fideicommissum relicta cum supellectili Claudio Hieronymiano clarissimo uiro ab Umbrio Primo et mensas et ceteram suppellectilem, quam in hortis pater familias in proconsulatum profecturus contulerat, ut tutiore loco essent, contineri.
The same replied that when a house with furniture was left by trust to the most illustrious man Claudius Hieronymianus by Umbrius Primus, both the tables and the other furniture, which the father of the family, when about to set out for his proconsulship, had brought into the gardens so that they might be in a safer place, are contained.
§33.7.12.41Idem respondit theriacam quoque et cetera medicamenta, quae secessus causa dominus ibi habuit, et uestem propter secessum ibi depositam instructo fundo legato inesse.
The same replied that antidote and other medicines, which the owner had there for the sake of retirement, and clothing deposited there because of retirement, are included in the bequest of an equipped estate.
§33.7.12.42Idem respondit domo ita, ut instructa est, cum omni iure suo legata urbanam familiam, item artifices, quorum operae ceteris quoque praediis exhibebantur, legato non contineri: ostiarii autem, inquit, uel topiarii diaetarii aquarii domui tantum deseruientes continebuntur.
The same replied that when a house is bequeathed equipped as it is, with all its rights, the urban household of slaves, likewise artisans whose services were also rendered to other estates, are not contained in the bequest; but gatekeepers, he says, or landscape gardeners, room-attendants, and water-carriers serving only the house will be contained.
sed quod de artificibus ait, falsum est, si eius domus causa parati sunt, licet aliis quoque praediis commodabantur.
But what he says about the artisans is false, if they were provided for the sake of that house, even though they were lent to other estates as well.
§33.7.12.43Idem respondit domo instructa legata mensas eboreas et libros non contineri: sed et hoc falsum est: nam omne, quidquid in domo fuit, quo instructior ibi esset pater familias, continebitur, suppellectilem autem patris familiae instrumentum esse nemo dubitat.
The same replied that when an equipped house is bequeathed, ivory tables and books are not contained; but this also is false, for everything, whatever was in the house, so that the father of the family might be better equipped there, will be contained, and no one doubts that the furniture of the father of the family is its equipment.
denique Neratius libro quarto epistularum Marcello fratri suo respondit et uestem domus instructae legato contineri: maxime, inquit, in proposita specie: proponebatur enim, qui legauerat, argentum et rationes excepisse: nam qui haec, inquit, excepit, non potest non uideri de ceteris rebus, quae in ea essent, sensisse. sed et ipse Papinianus eodem libro responsorum ait patrem mercatorem ac faeneratorem, qui duos filios totidemque filias heredes instituerat, ita legasse: 'filiis maribus domum meam instructam do lego darique iubeo', merces et pignora an contineantur, quaeri posse: sed facilem iudici uoluntatis coniecturam fore ceteris patris facultatibus examinatis.
Finally, Neratius, in the fourth book of his Letters, replied to his brother Marcellus that clothing also is contained in the bequest of an equipped house: "especially," he says, "in the proposed case"; for it was proposed that he who had bequeathed had excepted silver and accounts; "for he who excepted these," he says, "cannot but seem to have intended the other things which were in it." But even Papinian himself, in the same book of his Opinions, says that a father who was a merchant and money-lender, who had appointed his two sons and as many daughters as heirs, bequeathed as follows: "To my male sons I give, bequeath, and order to be given my equipped house"; whether merchandise and pledges are contained can be questioned, but that the conjecture of his intention will be easy for the judge once the father's other resources have been examined.
§33.7.12.44Celsus scribit seruis qui in fundo morarentur legatis, uicarios eorum non contineri, nisi appareat et de uicariis eum sensisse.
Celsus writes that when slaves who stay on an estate are bequeathed, their sub-slaves are not contained, unless it appears that he intended the sub-slaves as well.
§33.7.12.45Papinianus quoque libro septimo responsorum uxori, cui uir omnia, quae in domo erant, ab herede filia praestari uoluit, cautiones debitorum emptionesque seruorum non uideri legatas respondit, nisi, inquit, ex alia parte et de seruis eum cogitasse apparuerit, scilicet ut eorum seruorum ei legasse uideatur emptiones, quos et ipsos uoluit ad eam pertinere.
Papinian also, in the seventh book of his Opinions, replied to a wife whose husband wished all things that were in the house to be provided to her by their daughter who was the heir, that security bonds of debtors and purchases of slaves do not seem to be bequeathed, unless, he says, it appears from another part that he had thought about the slaves as well, namely so that he seems to have bequeathed to her the purchases of those slaves whom he wished herself to belong to her.
§33.7.12.46Si quis fundum ita ut instructus est legauerit et adiecerit cum supellectili uel mancipiis uel una aliqua re, quae nominatim expressa non erat, utrum minuit legatum adiciendo speciem an uero non, quaeritur.
If anyone bequeaths an estate equipped as it is, and adds "with furniture" or "with slaves" or any one thing which had not been expressly named, it is asked whether he diminished the bequest by adding the specific class or not.
et Papinianus respondit non uideri minutum, sed potius ex abundanti adiectum.
And Papinian replied that it does not seem diminished, but rather added out of abundance.
§33.7.12.47Idem Papinianus libro septimo responsorum ait: instructis hortis filio legatis mater argentum muliebre filiae legauerat: respondit etiam id argentum muliebre, quod in hortis habuit, ut ibi esset instructior, ad filiam pertinere.
The same Papinian says in the seventh book of his Opinions: when equipped gardens were bequeathed to a son, the mother had bequeathed women's silver to her daughter; he replied that even that women's silver, which she had in the gardens so that they might be better equipped, belonged to the daughter.