[SCAEUOLA libro tertio responsorum. ] §33.7.20.prSeiae ex parte heredi institutae, si heres erit, fundos per praeceptionem dederat instructos cum suis uilicis et reliquis colonorum et codicillis ita scripsit: 'postea mihi uenit in mentem: Seiae fundos quos reliqui, ita ut sunt instructi rustico instrumento suppellectile pecore et uilicis cum reliquis colonorum et apotheca habere uolo'.
[SCAEUOLA in the third book of Opinions.] To Seia, who had been instituted heir to a share, if she should be heir, the testator had given by preception the estates equipped with their bailiffs and the arrears of the tenants, and he wrote thus in a codicil: "Later it came to my mind: I wish Seia to have the estates which I left, just as they are equipped with agricultural equipment, furniture, livestock, and bailiffs with the arrears of the tenants, and the storehouse." The question was asked whether those things which were on the estates for the daily use of the head of the family were also contained in the legacy.
quaesitum est, an etiam ea, quae patris familias usus cottidiani causa in fundis fuerunt, legato continerentur. respondit testamento quidem ut proponeretur Seiae, insuper fundum, legatum, uerum non amplius deberi, quam in codicillis (quos sane post obliuionem testamentariae scripturae fecisset) instructi appellatione contineri uelle se manifeste ostendisset. §33.7.20.1Liberto suo quidam praedia legauit his uerbis: 'Seio liberto meo fundos illum et illum do lego ita ut instructi sunt cum dotibus et reliquis colonorum et saltuariis cum contubernalibus suis et filiis et filiabus'.
He replied that, according to the case proposed, the estate was indeed bequeathed to Seia by the will in addition to her share, but that nothing more was due than what he had clearly shown in the codicil (which he had written, to be sure, after forgetting the text of his will) he wished to be included under the designation of "equipped." A certain man bequeathed estates to his freedman in these words: "To Seius my freedman I give and bequeath such-and-such estates, just as they are equipped, with their appurtenances and the arrears of the tenants, and the forest-keepers with their partners and sons and daughters." The question was asked whether the slave Stichus, who cultivated one of these estates and owed a large sum in arrears, is due to Seius under the trust.
quaesitum est, an Stichus seruus, qui praedium unum ex his coluit et reliquatus est amplam summam, ex causa fideicommissi Seio debeatur. respondit, si non fide dominica, sed mercede, ut extranei coloni solent, fundum coluisset, non deberi.
He replied that if he had cultivated the estate not by loyalty to his master, but for rent, as outside tenants are accustomed to do, he was not due.
§33.7.20.2'Gaio Seio alumno meo fundos meos illum et illum, ita ut instructi sunt, et domum superiorem dari uolo': quaesitum est, an etiam domum instructam dari uoluerit.
"I wish my foster-child Gaius Seius to be given such-and-such estates of mine, just as they are equipped, and the upper house." The question was asked whether he also wished the house to be given equipped.
respondit secundum ea quae proponerentur ita uideri dedisse, nisi is, a quo peteretur, aliud testatorem sensisse manifeste doceret: at si habitationis, id est aedificii instrumentum legasset, non cedere seruos operae aliiue rei paratos.
He replied that, according to the facts proposed, it appeared that he had so given it, unless the person from whom it was claimed should clearly show that the testator had intended otherwise; but if he had bequeathed the equipment of a dwelling, that is, of a building, slaves prepared for work or other services do not pass.
§33.7.20.3Praedia ut instructa sunt cum dotibus et reliquis colonorum et uilicorum et mancipiis et pecore omni legauit et peculiis et cum actore: quaesitum est, an reliqua colonorum, qui finita conductione interposita cautione de colonia discesserant, ex uerbis supra scriptis legato cedant.
He bequeathed the estates just as they are equipped, with their appurtenances and the arrears of the tenants and bailiffs, and with the slaves and all livestock, and their peculia, and with the agent. The question was asked whether the arrears of tenants who, after their lease had ended and security had been given, had departed from the farm, passed with the legacy under the words written above.
respondit non uideri de his reliquis esse cogitatum.
He replied that it did not appear that these arrears had been contemplated.
§33.7.20.4Idem quaesiit in actore legato, an uxor et filia legato cedant, cum actor non in praediis, sed in ciuitate moratus sit.
He also asked, regarding the legacy of the agent, whether his wife and daughter pass with the legacy, since the agent did not reside on the estates but in the city.
respondit nihil proponi, cur cedant.
He replied that no reason was proposed why they should pass.
§33.7.20.5Idem quaesiit, cum testator facto testamento in prouinciam sit profectus, an ea mancipia, quae post profectionem eius aut mortem sine cuiusquam auctoritate sponte sua ad parentes et notos sibi homines in fundos legatos transiere, legato cedant.
He also asked: since the testator had set out for a province after making his will, whether those slaves who, after his departure or death, without anyone's authority and of their own accord, crossed over to their parents and acquaintances on the bequeathed estates, passed with the legacy.
respondit non legatos eos, qui forte ueluti commeantes transissent.
He replied that those who had crossed over by chance, as if on a journey, were not bequeathed.
§33.7.20.6'Pamphilae libertae meae dari uolo fundum Titianum cum instrumento et his quae in eodem erunt cum moriar'. quaesitum est, si Stichus seruus, ex eo fundo ante annum mortis testatoris abductus et in disciplinam traditus, postea in eum fundum non reuersus sit, an debeatur.
"I wish my freedwoman Pamphila to be given the Titian estate with its equipment and those things which shall be on it when I die." The question was asked whether, if the slave Stichus, who had been taken away from that estate a year before the testator's death and put into training and did not afterwards return to that estate, is due.
respondit, si studendi causa misisset, non quo a fundo eum aliorsum transferat, deberi.
He replied that if he had sent him for the sake of study, and not to transfer him elsewhere from the estate, he is due.
§33.7.20.7'Tyrannae sorori meae fundum meum Graecianum cum stabulo et instrumento rustico omni relinquo'. quaeritur, an fundi appellatione etiam pascua, quae ad eum simul cum fundo peruenerint et quae semper in usibus huius possessionis habuerat, legato cederent.
"To my sister Tyranna I leave my Graecian estate with the stable and all agricultural equipment." The question is asked whether, under the designation of "estate", pasture lands which had come to him along with the estate and which he had always held for the use of this possession, also passed with the legacy.
respondit, si prata fundo Graeciano ita coniunxisset, uti sub una fundi appellatione haberentur, ea quoque deberi.
He replied that if he had joined the meadows to the Graecian estate in such a way that they were held under one designation of the estate, they also were due.
§33.7.20.8Instructis domibus legatis crabattus argento inaurato tectus mortis Titiae tempore in domibus non est repertus, sed in horreis tantisper conditus: quaero, an is quoque praestandus sit.
Equipped houses having been bequeathed, a cot covered with gilded silver was not found in the houses at the time of Titia's death, but was temporarily stored in the warehouses. I ask whether this also must be provided.
respondit, si in domo esse soleret et quo tutiore loco haberetur, interim in horreo allatus esset, nihilo minus praestandum.
He replied that if it was accustomed to be in the house, and had been brought to the warehouse in the meantime in order to be kept in a safer place, it must nonetheless be provided.
§33.7.20.9Quod adiecit testator 'uti possedi' an hoc significet 'sicut instructa in diem mortis habuit', id est cum mancipiis pecoribus instrumento rustico? respondit: non de iure quaeritur.
Does the testator's addition "as I have possessed it" mean "as he had them equipped on the day of his death", that is, with slaves, livestock, and agricultural equipment? He replied: this is not a question of law.