[IDEM libro nono responsorum. ] §35.2.14.prPater filiam, quae a uiro diuerterat, heredem pro parte instituit et ab ea petit, ut fratri et coheredi suo portionem hereditatis acceptam deducta sexta restitueret, admissa compensatione dotis in Falcidiae ratione.
[THE SAME, from his ninth book of Opinions.] A father appointed his daughter, who had divorced her husband, as heir to a share of his estate, and requested of her that she restore the portion of the inheritance she received to her brother and co-heir after deducting a sixth, the set-off of her dowry being allowed in the calculation of the Lex Falcidia.
si pater dotem consentiente filia non petisset, Falcidiam quidem iure hereditario, dotem autem iure proprio filiam habituram respondi, quia dos in hereditate patris non inueniretur.
I replied that if the father had not claimed the dowry with the consent of his daughter, the daughter would have the Falcidian portion by right of inheritance, but the dowry by her own right, because the dowry was not found in the inheritance of the father.
§35.2.14.1Auia nepotibus heredibus institutis fideicommissit, ut omissa retentione, quae per legem Falcidiam ex alio testamento competebat, solida legata fratribus et coheredibus soluerent.
A grandmother created a fideicommissum for her grandsons, who had been appointed heirs, that they should pay the legacies in full to their brothers and co-heirs, waiving the retention which was available to them under the Lex Falcidia from another testament.
recte datum fideicommissum respondi, sed huius quoque onus in contributionem uenire.
I replied that the fideicommissum was validly given, but the burden of this also comes into contribution.
§35.2.14.2Duobus impuberibus substitutum utrique heredem existentem in alterius hereditate Falcidia non uti conuenit, si de bonis alterius impuberis quartam partem hereditatis patris, quae ad filios peruenerit, retineat.
It is agreed that a person who is the substitute for two impuberes and who is the heir in the inheritance of one of them does not use the Lex Falcidia in the inheritance of the other, if he retains from the goods of the other impubes a fourth part of the father's inheritance which came to the children.
§35.2.14.3Quod si frater fratri legitimus heres exstitit et impuberi supremo substitutus, portio quidem paternorum bonorum, quam intestatus puer accepit, rationi Falcidiae non confundetur, sed quartam eius tantum portionem substitutus retinebit, quam inpubes accepit qui substitutum habuit.
But if a brother has become the statutory heir to his brother and the substitute for the last-deceased impubes, the portion of the father's estate which the intestate child received will not be merged in the calculation of the Lex Falcidia, but the substitute will retain only a fourth part of that portion which the impubes who had the substitute received.