[ALFENUS libro secundo digestorum a Paulo epitomatorum. ] §33.7.16.prUillae instrumento legato supellectilem non contineri uerius est.
[ALFENUS in the second book of the Digests, epitomized by Paulus.] When the equipment of a villa is bequeathed, it is more correct that furniture is not included.
§33.7.16.1Uinea et instrumento eius legato instrumentum uineae nihil esse Seruius respondit: qui eum consulebat, Cornelium respondisse aiebat palos perticas rastros ligones instrumenti uineae esse: quod uerius est.
When a vineyard and its equipment are bequeathed, Servius answered that there is no such thing as equipment of a vineyard; but the person who consulted him said that Cornelius had answered that stakes, poles, rakes, and hoes belong to the equipment of a vineyard, which is more correct.
§33.7.16.2Quidam uxori fundum, uti instructus esset, in quo ipse habitabat, legauit.
A certain man bequeathed to his wife a land, just as it was equipped, in which he himself used to dwell.
consultus de mulieribus lanificis an instrumento continerentur, respondit non quidem esse instrumenti fundi, sed quoniam ipse pater familias, qui legasset, in eo fundo habitasset, dubitari non oportere, quin et ancillae et ceterae res, quibus pater familias in eo fundo esset instructus, omnes legatae uiderentur.
Having been consulted whether the wool-spinning women were included in the equipment, he answered that they indeed did not belong to the equipment of the land, but since the paterfamilias himself who had bequeathed it had lived on that land, there ought to be no doubt that both the female slaves and the other things with which the paterfamilias was equipped on that land all appeared to be bequeathed.