[IDEM libro octauo decimo digestorum. ] §34.2.16.prFiliam in potestate patris manentem mater scripsit heredem eique patrem Maeuium substituit et ita scripsit: 'quisquis mihi heres erit, fidei eius committo, uti ornamenta mea omnia aurum argentum uestimenta, quibus ego usa sum, ne ueneant et filiae meae reseruentur’: quaesitum est, cum filia recusante pater ex substitutione heres exstitisset et intestato decessisset, filia autem bonis eius abstinuerat, an fideicommissum petere possit.
[THE SAME, in his eighteenth book of the Digests.] A mother appointed her daughter, who was still under the power of her father, as her heir, substituted the father, Maevius, to her, and wrote as follows: "Whoever shall be my heir, I commit to his good faith that all my ornaments, gold, silver, and clothing, which I have used, shall not be sold but shall be reserved for my daughter." The question arose whether, when the daughter refused the inheritance and the father became heir by substitution and then died intestate, the daughter having abstained from his property, she could claim the trust.
respondit secundum ea quae proponerentur uideri patris utiliter fidei commissum.
He replied that, according to the facts proposed, it appeared that the trust had been effectively created against the father.
CLAUDIUS: quoniam uerbo seruandi, quod scriptum est, uideri in id tempus dilatum fideicommissum, quo sui iuris futurus esset is cui dabatur.
CLAUDIUS: Because by the word "to preserve," which was written, the trust appeared to have been deferred to that time when the person to whom it was given should become sui iuris.