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Justinian I · The Digest of Justinian §35.1.70.pr

Exclusion of Father from Legacies on Son's Emancipation

Passage 5401 of 9271 · Latin

Summary

In a case where a mother appointed her sons as heirs on condition of emancipation and gave them pre-legacies, it is argued that the father must be excluded from the benefit of the legacies because he complied with his wife's will by emancipating them.

[PAPINIANUS libro sexto decimo quaestionum. ] §35.1.70.prDuos mater filios sub condicione emancipationis ex partibus heredes instituit eisque plurium rerum praeceptiones pure dedit: hereditatem adierunt.
[PAPINIANUS in the sixteenth book of Questions.] A mother appointed her two sons as heirs in respect of certain shares under the condition of their emancipation, and gave them pre-legacies of several things unconditionally; they entered upon the inheritance.
patrem a legatorum commodo illa quoque ratio debet summouere, quod emancipando filios obsecutus uoluntati supremum iudicium uxoris suae custodiri uoluit.
That reason also must exclude the father from the benefit of the legacies, namely, that by emancipating his sons, yielding to her wish, he willed that the last testament of his wife should be observed.

Notes

  1. §35.1.70.prpraeceptiones — The plural of 'praeceptio' (pre-legacy), which refers to a legacy by which one of the co-heirs is allowed to take a specific property from the estate prior to the partition. In the text, while the appointment of the heirs was subject to the condition of emancipation, these pre-legacies were given 'pure' (unconditionally).
  2. §35.1.70.prquod... uoluit — An appositional noun clause explaining the content of the demonstrative adjective illa (illa quoque ratio), meaning 'namely, that he willed...'. Accompanied by the gerund phrase emancipando filios (by emancipating his sons), it explains the motive behind the father's action in compliance with his wife's will.

Cite this passage

Justinian I, The Digest of Justinian §35.1.70.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.1.70.pr

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