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Justinian I · The Digest of Justinian §35.1.108.pr

Extension of Legacy Condition to Subsequent Bequest

Passage 5439 of 9271 · Latin

Summary

A case where Scaevola answered that the condition "not to pass out of the family name," attached to a legacy of a house, also applied to a subsequently bequeathed estate to the same freedmen.

[SCAEUOLA libro nono decimo digestorum. ] §35.1.108.prLibertis omnibus legauit domum et haec uerba adiecit: 'ut in ea habitent liberti, ne de nomine exeat et ut ad unum, qui nouissimus exstiterit, perueniat: et eo amplius eisdem libertis meis dari uolo fundum Sosianum'. quaesitum est, an condicio adposita, ne de nomine exiret, ad sequens quoque legatum pertineret.
[SCAEVOLA in his nineteenth book of Digests.] He bequeathed a house to all his freedmen and added these words: "that the freedmen should live in it, that it should not pass out of the name, and that it should come to the one who is the last survivor; and furthermore, I wish the Sosian estate to be given to these same freedmen of mine." The question was asked whether the condition attached, namely that it should not pass out of the name, also applied to the subsequent legacy.
respondit pertinere.
He replied that it did apply.

Notes

  1. §35.1.108.prne de nomine exeat — The word `nomen` (name) here refers to the "family name" or "family line," indicating that the property should not be transferred outside of the family.
  2. §35.1.108.prqui nouissimus exstiterit — The word `nouissimus`, which is the superlative of `nouus` (new), is used here in the temporal sense of "the last" (the survivor who lives the longest).
  3. §35.1.108.prrespondit pertinere — An accusative with infinitive clause (`pertinere`) in indirect discourse, where the omitted subject accusative is `condicionem adpositam`, which serves as the subject of the preceding indirect question.

Cite this passage

Justinian I, The Digest of Justinian §35.1.108.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.1.108.pr

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