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Justinian I · The Digest of Justinian §33.7.7.pr

Revocation of Legacies by Destruction and Sale

Passage 5064 of 9271 · Latin

Summary

A testator bequeathed a tavern and a wine warehouse to a freedman, but subsequently the building was burned and rebuilt, and the warehouse was sold. The question arises whether the legatee can claim the entire legacy, and it is answered that the portions where the testator's intention changed are not due.

[IDEM libro uicesimo secundo digestorum. ] §33.7.7.prTabernam cum caenaculo Pardulae manumisso testamento legauerat cum mercibus et instrumentis et suppellectili quae ibi esset, item horreum uinarium cum uino et uasis et instrumento et institoribus, quos secum habere consueuerat.
[From the same author's Digests, Book 22.] A testator had by will bequeathed to Pardula, who had been manumitted, a tavern with an upper lodging, together with the merchandise, implements, and furniture which were there; likewise a wine warehouse with the wine, vessels, implements, and managers whom he had been accustomed to keep with him.
quaesitum est, cum uiuo testatore insula, in qua caenaculum fuit quod ei legatum erat, exusta sit, et post biennium eodem loco constituta noua, et horreum, quod eidem legatum erat, a testatore uenierit, uini autem uenditio dilata sit, ut ex eo commodo uenirent, an uniuersa legata Pardula consequi possit.
The question was raised, since during the lifetime of the testator the block of flats in which the upper lodging bequeathed to him was located had been burned down, and after two years a new one was erected in the same place, and the warehouse which had been bequeathed to the same person was sold by the testator, but the sale of the wine was postponed so that they might be sold with greater advantage, whether Pardula could obtain the entire legacies.
respondit ea, in quibus uoluntas mutata esset, non deberi.
He answered that those things in respect of which the intention had been changed were not due.

Notes

  1. §33.7.7.prPardulae manumisso — Although Pardulae belongs to the first declension, it is the name of a male freedman (such as Pardulas), and therefore agrees with the masculine dative singular participle manumisso.
  2. §33.7.7.pruenierit — This is the perfect subjunctive of the irregular verb ueneo (to be sold), not uenio (to come). Accompanied by the ablative of agent a testatore, it means 'was sold by the testator.'
  3. §33.7.7.pruenirent — This is also the imperfect subjunctive plural of ueneo (to be sold), with the omitted subject uina (wines). Together with the prepositional phrase ex eo commodo (with greater advantage), it forms a purpose clause.

Cite this passage

Justinian I, The Digest of Justinian §33.7.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.7.7.pr

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