[MODESTINUS libro decimo responsorum. ] §34.1.4.prToîc τε ἀπελεγθέροις ταῖς τε ἀπελεγθέραις μου, οὓς ζώσα ἔν τε τῇ Διαθήκῃ ἔν τε τῷ κωδικίλλῳ ἠλεγθέρωσα ἢ ἐλευθερώσω, Δοθῆναι Βούλομαι τὰ ἐν Χίοις μου χωρία, ἐπὶ τῷ καὶ ὅσa ζώσης mου ἐλάμβανον στοιχεῖσθαι αὐτοῖς κιβαρίου καὶ βεστιαρίου ὀνόματι.
[MODESTINUS, in his tenth book of Responses.] "I wish my estates in Chios to be given to my male and female freed slaves, whom I, during my lifetime, have manumitted or shall manumit either in my will or in a codicil, on the condition that as much as they used to receive while I was alive shall be supplied to them under the name of food and clothing." I ask, what meaning do these words have?
quaero, quam habeant significationem, utrum ut ex praediis alimenta ipsi capiant an uero ut praeter praedia et cibaria et uestiaria ab herede percipiant? et utrum proprietas an usus fructus relictus est? et si proprietas relicta sit, aliquid tamen superfluum inueniatur in reditibus, quam est in quantitate cibariorum et uestiariorum, an ad heredem patronae pertinet? et si mortui aliqui ex libertis sint, an pars eorum ad fideicommissarios superstites pertinet? et an die cedente fideicommissi morientium libertorum portiones ad heredes eorum an testatoris decurrant? Modestinus respondit: uidentur mihi ipsa praedia esse libertis relicta, ut pleno dominio haec habeant et non per solum usum fructum et ideo et si quid superfluum in reditibus quam in cibariis erit, hoc ad libertos pertineat.
Is it that they themselves should take their maintenance from the estates, or indeed that, in addition to the estates, they should receive food and clothing from the heir? And was the property itself or only the usufruct left to them? And if the property was left, but some surplus is found in the revenues beyond the quantity of the food and clothing, does it belong to the heir of the patroness? And if some of the freed slaves have died, does their share belong to the surviving beneficiaries of the trust? And on the vesting day of the trust, do the shares of the dying freed slaves descend to their own heirs or to those of the testator? Modestinus replied: "It seems to me that the estates themselves were left to the freed slaves, so that they hold these in full ownership and not merely by usufruct, and therefore, even if there is any surplus in the revenues beyond the food, this belongs to the freed slaves.
sed et si decesserit fideicommissarius ante diem fideicommissi cedentem, pars eius ad ceteros fideicommissarios pertinet: post diem autem cedentem si qui mortui sint, ad suos heredes haec transmittent. §34.1.4.1Lucius Titius testamento suo libertis libertabusque cibaria et uestiaria a liberis suis eisdemque heredibus praestari iussit nulla condicione addita: quaero, an, si sine patroni liberis idem liberti agant, cibaria et uestiaria accipere possint.
But also, if a beneficiary of the trust dies before the vesting day of the trust, his share belongs to the other beneficiaries of the trust; but if any have died after the vesting day, they will transmit these shares to their own heirs." Lucius Titius, in his will, ordered food and clothing to be provided to his male and female freed slaves by his children, who were also his heirs, without any condition being added. I ask whether, if the same freed slaves live without the patron's children, they can receive the food and clothing.
Modestinus respondit nihil proponi, propter quod petitio eorum, quae testamento pure legata sunt, non competat.
Modestinus replied: "Nothing is presented for which the claim for things that have been legacy-bequeathed unconditionally (pure) should not be competent."