[IDEM libro nono responsorum. ] §34.1.10.prCum unus ex heredibus certam pecuniam praecipere iussus esset, de cuius sorte libertis alimenta praestaret, heredem quoque heredis ad praeceptionem admitti placuit.
[IDEM libro nono responsorum.] When one of the heirs was ordered to take a certain sum of money beforehand, from the principal of which he was to provide maintenance for the freedmen, it was held that the heir of the heir was also admitted to this prelegacy.
si tamen plures heredes heres haberet, intentionem quidem defuncti prima facie refragari, sed aliud probari non oportere: quid enim, si ceteros heredes suos euitauit et quietam ac uerecundam atque etiam idoneam, libertis consulens, domum sequi maluit? et ideo ab omnibus heredibus heredis alimenta praestabuntur.
If, however, the heir had several heirs, although at first sight this seems to run counter to the intention of the deceased, yet it ought not to be decided otherwise; for what if he avoided his other heirs and, consulting the interests of the freedmen, preferred that a quiet, respectable, and also suitable household should succeed? And therefore, the maintenance shall be provided by all the heirs of the heir.
§34.1.10.1Uerbis fideicommissi pure manumisso praeteriti quoque temporis alimenta reddenda sunt, quamuis tardius libertatem reciperauerit nec heres moram libertati fecerit: tunc enim explorari moram oportet, cum de usuris fideicommissi quaeritur, non de ipsis fideicommissis.
To a person manumitted unconditionally by the words of a trust, maintenance for the past period must also be paid, even though he recovered his freedom later and the heir was not in default regarding his freedom; for default ought to be investigated when the interest on a trust is in question, not when the trusts themselves are in question.
§34.1.10.2Alimentis uiri boni arbitratu filiae relictis ab herede filio pro modo legatae dotis, quam solam pater exheredatae filiae nubenti dari uoluit, atque pro incrementis aetatis eam exhibendam esse respondi, non pro uiribus hereditatis.
When maintenance was left to a daughter at the discretion of an honorable man by her brother who was the heir, I replied that it should be provided in proportion to the amount of the dowry bequeathed, which alone the father wished to be given to the disinherited daughter upon her marriage, and in proportion to the increase in her age, and not in proportion to the assets of the inheritance.