[IDEM libro quarto decimo responsorum. ] §34.1.12.prLucius Titius libertis suis cibaria et uestiaria annua certorum nummorum reliquit et posteriore parte testamenti ita cauit: 'obligatos eis ob causam fideicommissi fundos meos illum et illum, ut ex reditu eorum alimenta supra scripta percipiant'. quaesitum est, an, si quando minores reditus peruenerint, quam est quantitas cibariorum et uestiariorum, heredes ad supplendam eam onerari non debeant, uel, si alio anno excesserint, au supplendum sit, quod superiore anno minus perceperint.
[THE SAME, in the fourteenth book of Opinions.] Lucius Titius left to his freedmen annual allowances for food and clothing of a certain sum of money, and in a later part of his will he provided as follows: "My estates, this one and that one, shall be bound to them by reason of the trust, so that they may receive the above-written maintenance from their income." The question arose whether, if ever the income should prove to be less than the amount of the allowances for food and clothing, the heirs ought not to be burdened to make it up; or, if in another year the income should exceed that amount, whether that which they received in lesser amount in the preceding year should be made up.
Paulus respondit cibaria et nestiaria libertis defuncti integra deberi, neque ex eo, quod postea praedia his pignoris iure testator obligare uoluit, ut ex reditu eorum alimenta perciperent, minuisse eum uel auxisse ea quae reliquerat uideri.
Paulus replied that the allowances for food and clothing are owed in full to the freedmen of the deceased, and that from the fact that the testator subsequently wished to bind the estates to them by right of pledge, so that they might receive the maintenance from their income, he does not appear to have diminished or increased what he had left.