[IDEM libro uicesimo primo digestorum. ] §35.2.95.prMaritus uxoris res extra dotem constitutas administrauit eaque decedens ante rationem sibi redditam administrationis ex asse eundem maritum heredem reliquit eiusque fidei commisit, ut decem uncias filio communi cum moreretur restitueret, duas autem uncias nepoti.
[THE SAME, Digests, Book 21] A husband managed his wife's property outside her dowry, and she, dying before any account of the management had been rendered to her, left the same husband as heir to her entire estate, and entrusted to his good faith to restore ten-twelfths to their common son and two-twelfths to her grandson when he should die.
quaesitum est, an id quoque, quod ex administratione rerum apud maritum resedisse constiterit, cum ceteris bonis pro rata decem unciarum filio restitui debeat.
The question was whether that which was established to have remained with the husband from the management of the property must also be restored to the son along with the rest of the goods, in proportion to his ten-twelfths share.
respondit id, quod debuisset hereditati, in rationem uenire debere.
He replied that what he had owed to the inheritance ought to be brought into the account.
§35.2.95.1Filiae, quam mater rogauerat, si impubes decessisset, restituere hereditatem Titio, patruus legitimus heres exstitit: in ratione legis Falcidiae ponenda desiderat deduci sortes, ex quarum usuris alimenta impubes defuncta ex persona testatricis suae pluribus debita praestitit: quaesitum est, an, si eas deduxerit, cauere debeat defunctorum alimentariorum portiones pro modo sortium se restituturum.
A paternal uncle became the statutory heir of a daughter, whom her mother had requested to restore the inheritance to Titius if she should die under the age of puberty. In setting up the calculation under the Falcidian law, he wishes to deduct the principal sums, from the interest of which the deceased girl, being under puberty, had provided maintenance due to several persons on account of her testatrix. The question was whether, if he deducts them, he must give security that he will restore the portions of the deceased recipients of maintenance in proportion to the principal sums.
respondit debere cauere.
He replied that he must give security.
§35.2.95.2Post aditam hereditatem triennio exacto legatariis heres legem Falcidiam opponit idcirco, quod administrauit tutelas testator, quarum ratio nondum reddita sit et quod neget tantum redigi ex nominibus posse, quantum in cautione deductum est.
Three years after the acceptance of the inheritance, the heir opposes the Falcidian law to the legatees on the ground that the testator had administered guardianships, the account of which had not yet been rendered, and because he denies that as much can be recovered from the debts as was deducted in the security.
quaesitum est, an rationes defuncti et omnium instrumentorum hereditariorum et pupillarium rationum legatariis desiderantibus heres describendi potestatem facere debeat, ne in potestate cius sit proferre quod uelit et per hoc in fraudem legatarii inducantur.
The question was whether the heir, upon the request of the legatees, ought to give them the opportunity to copy the accounts of the deceased, all the inheritance documents, and the accounts of the wards, so that it would not be in his power to produce only what he wishes, and the legatees thereby be led into fraud.
respondit ad iudicis officium pertinere explorare ea, per quae probetur, quanti sit in bonis.
He replied that it belongs to the office of the judge to investigate those things by which it may be proved how much there is in the estate.