[IDEM libro uicesimo digestorum. ] §34.1.18.prLibertis, quos testamento manumiserat, alimentorum nomine menstruos decem legauerat, deinde codicillis generaliter omnibus libertis menstruos septem et annuos uestiarii nomine denos legauit: quaesitum est, an et ex testamento et ex codicillis libertis fideicommissum heredes praestare debeant.
[BY THE SAME AUTHOR, in the twentieth book of the Digests.] To the freedmen whom he had manumitted by his will, he had bequeathed ten monthly under the title of food, and then in a codicil he bequeathed generally to all his freedmen seven monthly and ten yearly under the title of clothing. The question was asked whether the heirs ought to perform the trust for the freedmen both from the will and from the codicil.
respondit nihil proponi, cur non ea, quae codicillis data proponerentur, praestari deberent: nam ab his, quae testamento cibariorum nomine legata essent, recessum est propter ea, quae codicillis relicta sunt.
He answered that no reason was put forward why those things which were presented as given in the codicil should not be performed; for what had been bequeathed in the will under the title of provisions was departed from on account of what was left in the codicil.
§34.1.18.1Manumissis testamento cibaria annua, si cum matre morabuntur, per fideicommissum dedit: mater filio triennio superuixit neque cibaria neque uestiaria eis praestitit, cum in petitione fideicommissi liberti cessarent: sed et filia posteaquam matri heres exstitit, quoad uixit annis quattuordecim interpellata de isdem soluendis non est.
To those manumitted by his will, he gave yearly food by a trust, if they should remain with his mother. The mother survived her son by three years and performed neither food nor clothing for them, since the freedmen were negligent in requesting the trust. But also his daughter, after she became heir to her mother, was not summoned to pay the same things for the fourteen years that she lived.
quaesitum est, an post mortem filiae a nouissimo herede petere possint et tam praeteriti temporis quam futuri id, quod cibariorum nomine et uestiarii relictum est.
The question was asked whether, after the death of the daughter, they could demand from the latest heir what was left under the title of food and clothing, for both the past and the future time.
respondit, si condicio exstitisset, nihil proponi, cur non possent.
He answered that if the condition had been fulfilled, no reason was put forward why they could not.
§34.1.18.2Ab heredibus Stichum manumitti uoluit eique, si cum Seio moraretur, cibaria et uestiaria praestari a Seio: deinde haec uerba adiecit: 'te autem, Sei, peto, ut, cum ad annum uicesimum quintum perueneris, militiam ei compares, si tamen te ante non reliquerit'. quaesitum est, Sticho statim libertatem consecuto, prius autem defuncto Seio quam ad annum uicesimum quintum perueniret, an ab his, ad quos bona Seii peruenerunt, militia Sticho comparari debet? et si placet deberi, utrum statim militia comparanda sit an eo tempore, quo Seius annum uicesimum quintum expleturus fuisset, si superuixisset? respondit, cum placeat comparandam, non ante deberi, quam id tempus cessisset.
He wished Stichus to be manumitted by his heirs, and if he should remain with Seius, food and clothing to be performed to him by Seius; then he added these words: "But I ask you, Seius, that when you reach your twenty-fifth year, you secure a post for him, provided however he has not left you before." Stichus having immediately obtained his freedom, but Seius having died before he reached his twenty-fifth year, the question was asked whether a post ought to be secured for Stichus by those to whom the property of Seius came. And if it is held to be owed, whether the post is to be secured immediately, or at that time when Seius would have completed his twenty-fifth year if he had survived. He answered that, since it is held that it should be secured, it is not owed before that time has passed.
§34.1.18.3Postumis heredibus institutis et patre et matre, et substitutione facta actores manumisit et peculia eis legauit et annua et certis libertis suis legata et aliis exteris plura: deinde post testamentum factum nata filia codicillis ita cauit: 'si quid testamento, quod ante hoc tempus feci, legaui cui dari uolui, peto ab his, uti tertiam partem Petinae filiae meae reddant': secundis autem tabulis facta pupillari substitutione impuberibus libertis, quibus a parentibus libertates dedit, eo amplius alterum tantum, quantum in nummo praeter cibaria et uestiaria dari uoluit.
When posthumous children had been appointed heirs by both their father and their mother, and a substitution had been made, he manumitted his managers and bequeathed to them their peculia, and also bequeathed annual payments to certain of his freedmen, and more things to other outsiders. Then, after the will had been made, a daughter was born, and he provided in a codicil as follows: "If I have bequeathed anything in the will which I made before this time, which I wished to be given to anyone, I ask them to restore a third part of it to my daughter Petina." Moreover, when a pupillary substitution had been made in the second tablets for the impuberate freedmen to whom he gave freedom from their parents, he wished as much again to be given in money, besides food and clothing, by that much more.
quaesitum est, cum superuixisset filia testamento aperto et codicillis, postea autem decesserit et fideicommissum datum ei de restituenda parte tertia ad heredes suos transmiserat, an etiam cibariorum et uestiariorum tertiae partes ei per fideicommissum datae esse uideantur.
The question was asked whether, since the daughter survived when the will and codicil were opened, but died afterwards and had transmitted to her heirs the trust given to her for restoring the third part, third parts of the food and clothing also seem to be given to her by the trust.
respondit non uideri.
He answered that they do not seem so.
§34.1.18.4Idem quaesiit, an eorum, quae codicillis per fideicommissum relicta sunt, tertiae partes ad filiam pertinere deberent.
The same person asked whether third parts of those things which were left by trust in the codicil ought to belong to the daughter.
respondit non deberi.
He answered that they ought not.
idem quaesiit, an alterum tantum a substitutione legatum deducta tertia parte quantitatis legatorum testamento datorum computari debeat, ut duae partes quantitatis debeantur, praeter codicillos, quibus tertiam partem codicillis legatorum ad filiam suam pertinere uoluit.
The same person asked whether the equivalent amount bequeathed from the substitution ought to be computed after deducting a third part of the quantity of bequests given in the will, so that two-thirds of the quantity are owed, apart from the codicil by which he wished a third part of the bequests in the codicil to belong to his daughter.
respondit integrum ex tabulis substitutionis deberi.
He answered that the whole amount from the tablets of substitution is owed.
§34.1.18.5Cibaria et uestiaria per fideicommissum dederat et ita adiecerat: 'quos libertos meos, ubi corpus meum positum fuerit, ibi eos morari iubeo, ut per absentiam filiarum mearum ad sarcofagum meum memoriam meam quotannis celebrent'. quaesitum est, uni ex libertis, qui a die mortis neque ad heredes accesserit neque ad sepulchrum morari uoluerit, an alimenta praestanda sint.
He had given food and clothing by a trust and had added as follows: "I order those of my freedmen to remain where my body shall be placed, so that during the absence of my daughters they may celebrate my memory every year at my sarcophagus." The question was asked whether food ought to be performed to one of the freedmen who, from the day of death, neither went to the heirs nor wished to remain at the tomb.
respondit non praestanda.
He answered that it ought not.