[IDEM libro octauo responsorum. ] §34.1.9.prAlio herede instituto ita scripsit: 'a te peto, Gai Sei, quidquid ex hereditate mea redegeris, illis alumnis meis des singulis denos aureos eandemque summam penes te esse uolo, cuius ex incremento eos alere te uolo: reliquum restitues Numerio conliberto nostro'. respondi, quamuis distrahere bona Gaius Seius alio scripto herede non possit, tamen eum, alumnis relictam pecuniam ut seruet ac restituat, intra Falcidiam recte petiturum: quod de superfluo probari non potest. §34.1.9.1Eum quoque libertum inter eos, quibus cibaria, item uestiarium patrona, quae uiua praestabat, reliquit, recte fideicommissum petiturum existimaui, qui annuos uiginti aureos et menstruum frumentum atque uinum acceptauit.
Having instituted another person as heir, the testator wrote as follows: "I ask of you, Gaius Seius, that from whatever you recover from my estate, you give ten aurei to each of those foster-children of mine, and I wish that the same sum remain in your hands, from the income of which I wish you to maintain them; the remainder you shall restore to Numerius, our fellow-freedman." I replied that although Gaius Seius cannot dispose of the estate since another person has been appointed heir, he can nevertheless rightfully claim, within the limits of the Lex Falcidia, the money left to the foster-children so that he may keep and restore it; but this cannot be established with respect to the surplus. I was also of the opinion that a freedman who had received twenty aurei annually and a monthly allowance of grain and wine could rightfully claim the trust-bequest, being included among those to whom their patroness had left the food and also the clothing which she used to provide during her lifetime.