[GAIUS libro primo fideicommissorum. ] §34.5.5.prQuidam relegatus facto testamento post heredis institutionem et post legata quibusdam data ita subiecit: 'si quis ex heredibus ceterisue amicis, quorum hoc testamento mentionem habui, siue quis alius restitutionem mihi impetrauerit ab imperatore et ante decessero, quam ei gratias agerem: uolo dari ei qui id egerit a ceteris heredibus aureos tot'. unus ex his, quos heredes scripserat, impetrauit ei restitutionem et antequam id sciret, decessit.
[GAIUS, in the first book on Fideicommissa.] A certain relegated person, having made a testament, added the following after the institution of the heir and after legacies were given to certain persons: 'If any of the heirs or of my other friends, of whom I have made mention in this testament, or if anyone else, shall obtain my restoration from the emperor, and I die before I can return thanks to him, I wish so many aurei to be given to the one who has done so, by the remaining heirs.' One of those whom he had written as heirs obtained the restoration for him, and died [he, the testator, died] before he knew of it.
cum de fideicommisso quaereretur, an deberetur, consultus Iulianus respondit deberi: sed etiam si non heres uel legatarius, sed alius ex amicis curauit eum restitui, et ei fideicommissum praestari.
When it was asked concerning the fideicommissum, whether it was due, Julianus, being consulted, answered that it was due; but also that if not an heir or a legatee, but another of his friends, took care that he was restored, the fideicommissum should also be paid to him.
§34.5.5.1Si tibi et postumo suo uel alieno hereditatem restituere quis rogauerit
If anyone has requested that the inheritance be restored to you and to his own or another's posthumous child,