[SCAEUOLA libro sexto decimo digestorum. ] §34.3.28.6Legatum est testamento hoc modo: 'Seio concedi uolo, quidquid mihi ab eo debitum est uel fidem meam pro eo obligaui': quaero, utrum id solum, quod testamenti facti tempore debebatur, legatum sit, an etiam, si quid ex ca summa usurarum nomine postea accessit, legato cedat.
To Seius, I wish to be granted whatever is owed to me by him or I have bound my credit on his behalf. I ask whether only that which was owed at the time the will was made is bequeathed, or whether, if anything afterwards accrued from that sum under the name of interest, it also falls under the legacy.
respondit uideri omnem obligationem eius debiti per fideicommissum solui uoluisse.
He answered that the testator seemed to have wished that the entire obligation of that debt be released through the trust.
§34.3.28.7Sticho testamento manumisso fundum instructum et alia legauit et haec uerba adiecit: 'quem rationem reddere ueto, quia instrumenta penes se habet': quaesitum est, an Stichus reliqua, quae ex administratione actus debuerat, reddere debuerit.
To Stichus, who was manumitted by the will, he bequeathed an equipped land and other things, and added these words: "Whom I forbid to render an account, because he has the documents in his possession." The question was asked whether Stichus ought to restore the remaining balances which he had owed from the administration of his office.
respondit Stichum eo nomine non teneri.
He answered that Stichus is not liable under that heading.
§34.3.28.8CLAUDIUS: nemo enim ex seruitutis actu post libertatem tenetur et consultatio ad ius debiti relata fuerat: retineri ergo reliqua possunt cum peculio aut ex eo deduci, si legatum est.
CLAUDIUS: For no one is held liable after freedom on account of acts done during slavery, and the consultation had been referred to the right of debt; therefore, the remaining balances can be retained with the peculium or deducted from it, if the peculium was bequeathed.
'Centum, quae apud Apronianum deposita habeo, apud ipsum esse uolo, donec filius meus ad annos uiginti peruenerit, eiusque pecuniae usuram exigi ueto'. quaesitum est, an ex causa fideicommissi Apronianus consequi possit, ne ante tempus a testatore praescriptum ea summa ab eo exigatur.
"The hundred which I have deposited with Apronianus, I wish to remain with him until my son reaches twenty years of age, and I forbid the interest on that money to be demanded." The question was asked whether, on account of the trust, Apronianus could obtain that that sum should not be demanded from him before the time prescribed by the testator.
respondit secundum ea quae proponerentur consequi posse.
He answered that according to the facts set forth, he could obtain it.
§34.3.28.9Filias heredes scripserat, quarum fidei commisit in haec uerba: 'ne a Gaio Seio rationes actus rei meae, quae per mensam eius siue extra mensam in diem mortis meae gesta est, exigatis eoque nomine eum liberetis'. quaesitum est, cum uniuersas rationes in diem mortis iste administrauerit et per mensam suam et quae extra administrabantur, an ad rationes reddendas heredibus teneatur.
He had written his daughters as heirs, to whose trust he committed in these words: "Do not demand from Gaius Seius the accounts of the administration of my property, which was conducted through his bank or outside his bank up to the day of my death, and on that account release him." The question was asked whether, since he had administered all accounts up to the day of death, both through his bank and those administered outside, he is bound to render accounts to the heirs.
respondit liberationem quidem secundum ea quae proponerentur legatam esse, sed quatenus praestanda sit, ex qualitate disceptationis iudicem aestimaturum.
He answered that although a release was indeed bequeathed according to the facts set forth, the judge would estimate to what extent it should be provided, based on the nature of the dispute.
§34.3.28.10Eum, qui tutelam ipsius administrauerat, et fratrem suum et alios quosdam scripsit heredes et tutori legauit, quae impenderat in se et fratrem ipsius, decem: quaesitum est, an utile esset in persona eius fideicommissum.
He appointed as heirs the one who had administered his own guardianship, his brother, and certain others, and bequeathed to the tutor ten, which he had spent on himself and his brother. The question was asked whether the trust was valid in his person.
respondit, si id dederit per fideicommissum quod debebatur, peti non posse.
He answered that if he gave through the trust that which was owed, it could not be claimed.
§34.3.28.11Idem quaesiit, si in tutoris persona inutile esset, an in persona fratris utile uideretur, quoniam illi proficeret, cuius et ipsius tutelam administrasset.
The same person asked: if it were invalid in the person of the tutor, would it be seen as valid in the person of the brother, since it would benefit him whose guardianship he had also administered?
respondit fratri utiliter esse legatum, cum suo debito liberetur.
He answered that it was validly bequeathed to the brother, since he is released from his own debt.
§34.3.28.12Idem quaesiit, si tutor amplecteretur fideicommissum ita, ut quibusdam stari uellet uerbis testamenti, in quibusdam autem recedat, quod minorem quantitatem sumptuum dicat fideicommisso contineri quam ipse erogauerat, an audiri deberet.
The same person asked: if the tutor embraced the trust in such a way that he wished to stand by certain words of the will, but departed from others because he said a smaller quantity of expenses was contained in the trust than he had actually spent, ought he to be heard?
respondit non impediri eum scriptura testamenti, quo minus omne, quod sibi deberi probasset, petere posset.
He answered that he was not prevented by the writing of the will from being able to claim everything which he proved was owed to him.
§34.3.28.13Quidam ita legauit: 'Semproniae uxori meae reddi iubeo ab heredibus meis quinquaginta ea, quae mutua acceperam chirographo particulatim in negotia mea': quaesitum est, an, si uere uxoris debitor fuerit, fideicommissum constiterit.
A certain person bequeathed as follows: "I order fifty to be restored to my wife Sempronia by my heirs, which I had received as a loan by handwritten note in installments for my business." The question was asked whether, if he had truly been his wife's debtor, the trust was established.
respondit, si debita fuissent, nullum esse fideicommissum.
He answered that if they had been owed, there was no trust.
§34.3.28.14Idem quaesiit, an, si hanc pecuniam ut debitam apud iudicem petierit et uicta fuerit, an fideicommissum peti possit.
The same person asked: if she claimed this money before a judge as a debt and was defeated, could the trust be claimed?
respondit secundum ea quae proponuntur posse ex causa fideicommissi peti, quod apparuisset non fuisse ex alia causa debitum.
He answered that according to the facts set forth, it could be claimed on account of the trust, because it had appeared that it had not been a debt from any other cause.