[SCAEUOLA libro quarto responsorum. ] §35.2.25.prMaritum suum et filium communem aequis partibus heredes instituit: quaesitum est, an in ratione legis Falcidiae imputandum sit marito, quod ad eum ex eadem hereditate per filium peruenit.
[SCAEUOLA, in his fourth book of Responses.] A woman appointed her husband and their common son as heirs in equal shares. The question arose whether, in the computation of the Falcidian law, what came to the husband from the same inheritance through the son should be imputed to him.
respondit, si ex institutione filii tantum retineat, quantum ad Falcidiam satis sit, nihil quartae nomine deducendum.
He replied that if he retains from the institution of the son as much as is sufficient for the Falcidian portion, nothing is to be deducted under the name of the fourth.
§35.2.25.1A liberto, cui fundum legauerat, per fideicommissum Seiae annua decem dedit: quaesitum est, si lex Falcidia liberti legatum minuerit, an Seiae quoque annuum fideicommissum minutum uideatur, cum reditus largiatur annuam praestationem.
From a freedman, to whom he had bequeathed an estate, the testator gave Seia ten annually by a trust. The question arose whether, if the Falcidian law should reduce the bequest of the freedman, the annual trust of Seia should also be seen as reduced, since the income of the estate yields the annual payment.
respondit secundum ea quae proponerentur non uideri minutum, nisi alia mens testatoris probetur.
He replied that, according to the facts proposed, it should not be seen as reduced, unless a different intention of the testator is proven.