[IDEM libro quarto decimo responsorum. ] §35.1.84.pr'Illis libertis alimentorum nomine, si cum filio meo morati fuerint, menstruos denarios centenos et uestiaria dari uolo'. liberti in obsequio fuerunt, quamdiu adulescens ad militiam promoueretur: qua causa effectum est, ut quibusdam Romae relictis proficisceretur, et apud castra defunctus est: quaesitum est, an ab heredibus eius alimenta debeantur.
[THE SAME in the fourteenth book of Responses.] 'I wish that a hundred denarii monthly and clothing be given to those freedmen under the name of maintenance, if they shall have remained with my son.' The freedmen were in service as long as the young man was being promoted to military service; for which reason it came about that he set out leaving some of them in Rome, and he died at the camp. It was asked whether maintenance is owed by his heirs.
Paulus respondit condicionem quidem in persona libertorum, qui cum filio defuncti morati sunt aut per eos non stetit, quo minus morarentur, mortuo filio testatoris defecisse non uideri.
Paulus answered that, as far as the person of the freedmen is concerned—who had remained with the son of the deceased, or through whom it did not stand that they did not remain—the condition does not indeed seem to have failed upon the death of the testator's son.
sed si testator propter filii utilitatem his, qui cum eo morati fuissent, alimenta praestari uoluit, contra uoluntatem defuncti petentes audiri non oportere.
But if the testator, for the benefit of his son, wished maintenance to be provided to those who had remained with him, those who petition contrary to the will of the deceased ought not to be heard.