[ULPIANUS libro quadragesimo quarto ad Sabinum. ] §34.2.27.prQuintus Mucius libro secundo iuris ciuilis ita definit argentum factum uas argenteum uideri esse.
[ULPIANUS, in his forty-fourth book on Sabinus.] Quintus Mucius in the second book of his Civil Law defines wrought silver as being deemed to be silver vessels.
§34.2.27.1An cui argentum omne legatum est, ei nummi quoque legati esse uideantur, quaeritur.
Whether money is also deemed to be bequeathed to one to whom all silver is bequeathed, is asked.
et ego puto non contineri: non facile enim quisquam argenti numero nummos computat.
And I think it is not included; for no one easily counts money in the category of silver.
item argento facto legato puto, nisi euidenter contra sensisse testatorem appareat, nummos non contineri.
Likewise, when wrought silver is bequeathed, I think that money is not included, unless it clearly appears that the testator intended otherwise.
§34.2.27.2Argento omni legato, quod suum esset, sine dubio non debetur id, quod in credito esset: hoc ideo, quia non uidetur suum esse, quod uindicari non possit.
When all silver which was his own is bequeathed, that which was in outstanding debts is without doubt not due; and this is because what cannot be claimed by vindicatio is not deemed to be one's own.
§34.2.27.3Cui aurum uel argentum factum legatum est, si fractum aut collisum sit, non continetur: Seruius enim existimat aurum uel argentum factum id uideri, quo commode uti possumus, argentum autem fractum et collisum non incidere in eam definitionem, sed infecto contineri.
To one to whom wrought gold or silver is bequeathed, if it is broken or crushed, it is not included; for Servius thinks that wrought gold or silver is deemed to be that which we can use conveniently, but that broken and crushed silver does not fall under that definition, but is included in unwrought silver.
§34.2.27.4Cui legatum est aurum omne, quod suum esset cum moreretur, eius omne aurum fiet, quod tunc pater familias, cum moreretur, uindicare potuit suum esse.
To one to whom all gold is bequeathed which was his own when he died, all the gold will become his which the head of the household, when he died, could then claim to be his own.
sed si qua distributio eius rei facta est, tunc interest, quomodo sit legatum.
But if some classification of this matter has been made, then it is important how it was bequeathed.
si factum aurum legatum est, omne ad eum pertinet cui legatum est ex quo auro aliquid est effectum, siue id suae siue alterius usionis causa paratum esset, ueluti uasa aurea emblemata signa aurum muliebre et cetera, quae his rebus sunt similia.
If wrought gold is bequeathed, everything belongs to him to whom it is bequeathed from which gold something has been fashioned, whether it was prepared for his own use or for that of another, such as golden vessels, emblems, statues, women's gold ornaments, and other things similar to these.
sed si infectum legatum est, quod eius ita factum est, ut eo, quod ad rem comparatum est, non possis uti sine refectione, quodque ab eo patre familias infecti numero fuerat, id uidetur legatum esse.
But if unwrought gold is bequeathed, that part of it which has been so processed that you cannot use it for the purpose for which it was prepared without repair, and which had been kept by that head of the household in the category of unwrought gold, is deemed to be bequeathed.
si autem aurum uel argentum signatum legatum est, id pater familias uidetur testamento legasse, quod eius aliqua forma est expressum, ueluti quae filippi sunt itemque nomismata et similia.
If, however, coined gold or silver is bequeathed, the head of the household is deemed to have bequeathed by will that which is stamped with some form, such as philippics, and likewise medals and the like.
§34.2.27.5Argento legato non puto uentris causa habita scafia contineri, quia argenti numero non habentur.
When silver is bequeathed, I do not think that chamber pots kept for the sake of the belly are included, because they are not held in the category of silver.
§34.2.27.6Argentum factum recte quis ita definierit quod neque in massa neque in lamna neque in signato neque in supellectili neque in mundo neque in ornamentis insit.
One would rightly define wrought silver as that which is contained neither in bullion, nor in plate, nor in coined metal, nor in household furniture, nor in toilet equipment, nor in ornaments.