[ULPIANUS libro secundo fideicommissorum. ] §34.1.14.prMela ait, si puero uel puellae alimenta relinquantur, usque ad pubertatem deberi.
[ULPIAN, in the second book on Trusts.] Mela says that if maintenance is bequeathed to a boy or a girl, it is owed until puberty.
sed hoc uerum non est: tamdiu enim debebitur, donec testator uoluit, aut, si non paret quid sentiat, per totum tempus uitae debebuntur.
But this is not true; for it will be owed for as long as the testator wished, or, if it is not clear what he intended, it will be owed for the entire duration of life.
§34.1.14.1Certe si usque ad pubertatem alimenta relinquantur, si quis exemplum alimentorum, quae dudum pueris et puellis dabantur, uelit sequi, sciat Hadrianum constituisse, ut pueri usque ad decimum octauum, puellae usque ad quartum decimum annum alantur, et hanc formam ab Hadriano datam obseruandam esse imperator noster rescripsit.
Certainly, if maintenance is bequeathed until puberty, if anyone wishes to follow the example of the maintenance which was formerly given to boys and girls, let him know that Hadrian established that boys are to be maintained until their eighteenth year, and girls until their fourteenth year, and our Emperor rescriped that this rule given by Hadrian must be observed.
sed etsi generaliter pubertas non sic definitur, tamen pietatis intuitu in sola specie alimentorum hoc tempus aetatis esse obseruandum non est inciuile.
But even though puberty is not generally defined in this way, nevertheless, out of regard for affection, it is not unreasonable that this period of age should be observed in the sole case of maintenance.
§34.1.14.2Sed si alimenta, quae uiuus praestabat, reliquerit, ea demum praestabuntur, quae mortis tempore praestare solitus erat: quare si forte uarie praestiterit, eius tamen temporis praestatio spectabitur, quod proximum mortis eius fuit.
But if he bequeathed the maintenance which he provided while alive, only that which he was accustomed to provide at the time of his death will be provided; wherefore, if by chance he provided it varyingly, the provision of that time which was closest to his death will be considered.
quid ergo, si, cum testaretur, minus praestabat, plus mortis tempore, uel contra? adhuc erit dicendum eam praestationem sequendam, quae nouissima fuit.
What then if, when he made his will, he provided less, and at the time of his death, more, or vice versa? It must still be said that the provision which was the last is to be followed.
§34.1.14.3Quidam libertis suis ut alimenta, ita aquam quoque per fideicommissum reliquerat: cousulebar de fideicommisso.
A certain man had bequeathed to his freedmen by trust not only maintenance but also water; I was consulted concerning this trust.
cum in ea regione Africae uel forte Aegypti res agi proponebatur, ubi aqua uenalis est, dicebam igitur esse emolumentum fideicommissi, siue quis habens cisternas id relinquerit siue non, ut sit in fideicommisso, quanto quis aquam sibi esset comparaturus.
Since the matter was proposed as taking place in that region of Africa or perhaps Egypt where water is sold, I therefore said that there was benefit in the trust, whether the testator, having cisterns, bequeathed it or not, so that the trust would consist in the amount for which one would purchase water for himself.
nec uideri inutile esse fideicommissum quasi seruitute praedii non possessori uicinae possessionis relicta: nam et haustus aquae ut pecoris ad aquam adpulsus est seruitus personae, tamen ei, qui uicinus non est, inutiliter relinquitur: in eadem causa erunt gestandi uel in tuo uuas premendi uel areae tuae ad frumenta ceteraque legumina exprimenda utendi.
Nor does the trust seem to be invalid, as if a rustic servitude had been bequeathed to someone who is not the owner of a neighboring property; for although the drawing of water or the driving of cattle to water is invalidly bequeathed to one who is not a neighbor, the same will be the case with the right of walking, or pressing grapes on your land, or using your threshing floor to thresh grain and other legumes.
haec enim aqua personae relinquitur.
For this water is bequeathed to a person.