[SCAEUOLA libro septimo decimo digestorum. ] §34.2.40.prMedico suo contubernali et communium expeditionum comiti inter cetera ita legauerat: 'argentum uiatorium meum dari uolo'. quaesitum est, cum pater familias in diuersis temporibus rei publicae causa afuerat, quod uiatorium argentum hoc legato comprehensum esse uidetur.
[SCAEVOLA, in the seventeenth book of the Digests.] To his physician, his messmate and companion on joint expeditions, he had among other things bequeathed as follows: "I wish my travelling silver to be given." It was asked, since the father of the family had been absent on public business at various times, what travelling silver is to be seen as included in this legacy.
respondit, quod habuisset argentum uiatorium eo tempore cum testamentum faciebat, deberi.
He replied that the travelling silver which he had possessed at the time he made the testament was due.
§34.2.40.1Uxori suae testamento ita legatum est: 'Semproniae dominae meae hoc amplius argentum balneare': quaesitum est, an etiam id argentum, quo diebus festis in balineo uti consueuit, legato cedat.
To his wife, it was bequeathed in a testament as follows: "To my mistress Sempronia, moreover, this bathing silver." It was asked whether even that silver which she was accustomed to use in the bath on feast days fell under the legacy.
respondit omne legatum uideri.
He replied that all of it was to be seen as bequeathed.
§34.2.40.2Mulier decedens ornamenta legauerat ita: 'Seiae amicae meae ornamenta uniuersa dari uolo'. eodem testamento ita scripserat: 'funerari me arbitrio uiri mei uolo et inferri mihi quaecumque sepulturae meae causa feram ex ornamentis lineas duas ex margaritis et uiriolas ex smaragdis': sed neque heredes neque maritus, cum humi corpus daret, ea ornamenta, quae corpori iussus erat adici, dederunt: quaesitum est, utrum ad eam, cui ornamenta uniuersa reliquerat, pertineant an ad heredes.
A woman, when dying, had bequeathed ornaments as follows: "I wish all ornaments to be given to my friend Seia." In the same testament she had written as follows: "I wish my funeral to be conducted according to the judgment of my husband, and whatever of the ornaments I shall carry for the sake of my burial, namely two strings of pearls and bracelets of emeralds, to be buried with me." But neither the heirs nor the husband, when they committed the body to the earth, gave those ornaments which had been ordered to be added to the body. It was asked whether they belonged to her to whom she had left all the ornaments, or to the heirs.
respondit non ad heredes, sed ad legatariam pertinere.
He replied that they belonged not to the heirs, but to the legatee.