[POMPONIUS libro secundo fideicommissorum. ] §35.2.31.prIs cui fideicommissum soluitur sicut is cui legatum est satisdare debet, quod amplius ceperit, quam per legem Falcidiam ei licuerit, reddi: ueluti cum propter condicionem aliorum fideicommissorum uel legatorum legis Falcidiae causa pendebit.
[POMPONIUS, in his second book on Trusts.]\n\nHe to whom a trust is paid, just like he to whom a legacy has been left, must give security that what he has received in excess of what was permitted to him by the Lex Falcidia shall be returned; for instance, when because of a condition of other trusts or legacies, the case of the Lex Falcidia remains in suspense.
sed et secundum Cassii et ueterum opinionem, si a pupillo fideicommissa capiuntur, propter ea, quae a substituto erunt relicta, cauere debebit is cui soluatur.
But also, according to the opinion of Cassius and the ancient jurists, if trusts are taken from a pupillus, he to whom payment is made must provide a guarantee because of those things which will have been left by the substitute heir.
nam quamuis repetitio sit eorum, quae fideicommissi nomine non debita soluentur, tamen satisdato cautum debet esse ei, a quo pecunia proficisceretur, ne damnum sentiat deficiente eo, cui solutum erit.
For although there is a right to recover those things which are paid under the name of a trust when not due, nevertheless, security having been given, provision must be made for him from whom the money proceeds, lest he suffer loss through the default of him to whom payment was made.