[SCAEUOLA libro uicesimo tertio digestorum. ] §33.7.28.prLucius Titius fundum, uti erat instructus, legauerat.
[SCAEVOLA, from the twenty-third book of the Digests.] Lucius Titius had bequeathed an estate just as it was equipped.
quaesitum est, fundus instructus quemadmodum dari debeat, utrum sic ut instructus fuit mortis patris familiae tempore, ut quae medio tempore adgnata aut iu fundum illata sunt heredis sint? an uero instructus fundus eo tempore inspici debeat, quo factum est testamentum? an uero eo tempore, quo fundus peti coeperit, ut quidquid eo tempore instrumenti deprehendatur, legatario proficiat? respondit ea quibus instructus sit fundus secundum uerba legati quae sint in eadem causa, cum dies legati cedat, instrumento contineri.
The question was raised how the equipped estate ought to be delivered: whether in such a state as it was equipped at the time of the death of the father of the family, so that those things which were born or brought onto the estate in the intervening time should belong to the heir; or indeed whether the equipped estate ought to be looked at at the time when the testament was made; or indeed at the time when the estate began to be claimed, so that whatever equipment might be found at that time should benefit the legatee. He answered that, according to the words of the bequest, those things with which the estate was equipped and which are in the same state when the right to the bequest vests, are contained in the equipment.