[IDEM libro septimo responsorum. ] §34.4.23.prPater inter filios facultatibus diuisis filiam ex ratione primipili commodorum trecentos aureos accipere uoluit ac postea de pecunia commodorum possessionem parauit.
[THE SAME in the seventh book of Responses.] A father, having divided his property among his children, wished his daughter to receive three hundred aurei from the account of the emoluments of a chief centurion, and afterwards purchased an estate with the money from these emoluments.
nihilo minus fratres et coheredes sorori fideicommissum praestabunt: non enim absumptum uidetur, quod in corpus patrimonii uersum est.
Nevertheless, the brothers and co-heirs shall discharge the trust to their sister; for that which has been converted into the corpus of the estate is not deemed to be extinguished.
cum autem inter filios diuiso patrimonio res indiuisas ad omnes coheredes pertinere uoluisset, ita possessionem ex commodis comparatam diuidi placuit, ut in eam superflui pretii filia portionem hereditariam accipiat: hoc enim eueniret in bonis pecunia relicta.
Since, moreover, when the estate was divided among his children, he had wished the undivided property to belong to all the co-heirs, it was decided that the estate purchased from the emoluments should be divided in such a manner that the daughter should receive her hereditary share in the excess value of it; for this would have happened if the money had been left among the assets.