[IDEM libro nono responsorum. ] §36.1.60.prDeducta parte quarta restituere rogatus hereditatem, prius quam restitueret, hereditario debitori heres extitit.
[THE SAME, Answers, Book 9] A person requested to restore an inheritance after deducting a fourth part, before he restored it, became the heir to a debtor of the inheritance.
quoniam actio eo confusa per Trebellianum redintegrari non potest, pecuniae quoque debitae dodrans ex causa fideicommissi petetur.
Since the action extinguished by confusion cannot be restored through the Trebellian Decree, three-quarters of the money owed will also be claimed on the ground of the trust-bequest.
sed in eum diem, quo actio confusa est, usurae praeteriti temporis, quae in obligatione uel in officio iudicis fuerunt, computabuntur: posterioris ita demum, si mora fideicommisso facta sit.
But up to the day on which the action was extinguished by confusion, the interest of the past time, which was in the obligation or in the office of the judge, shall be computed; that of the subsequent time only if default has been made in respect of the trust-bequest.
§36.1.60.1Cum hereditas ex causa fideicommissi in tempus restituenda est, non idcirco nominum periculum ad heredem pertinebit, quod heres a quibusdam pecuniam exegerit.
When an inheritance is to be restored at a certain time on the ground of a trust-bequest, the risk of the claims will not pertain to the heir for the reason that the heir has collected money from some of them.
§36.1.60.2Qui post tempus hereditatem restituere rogatur, usuras a debitoribus hereditariis perceptas, quarum dies post mortem creditoris cessit, restituere non cogitur: quibus non exactis omnium usurarum actio (nam hereditaria stipulatio fuit) ex Trebelliano transferetur, et ideo nec indebiti repetitio erit.
He who is requested to restore an inheritance after a certain time is not compelled to restore the interest received from the debtors of the inheritance, the due date of which arrived after the death of the creditor; if these have not been collected, the action for all interest (for there was a hereditary stipulation) will be transferred under the Trebellian Decree, and therefore there will be no recovery of what was not due.
ac similiter hereditario creditori si medii temporis non soluantur usurae, fideicommissarium in his quoque Trebellianum tenebit nec ideo querellae locus erit, quod de fructibus heres, quos iure suo percipiebat, faenus non soluerit.
And similarly, if the interest of the intermediate time is not paid to a creditor of the inheritance, the Trebellian Decree will hold the beneficiary of the trust in these matters also, nor will there be ground for complaint because the heir did not pay interest out of the fruits which he gathered by his own right.
quod si faenus heres medii temporis soluerit, eo nomine non erit retentio, cum proprium negotium gessit, quippe sortem reddere creditori coactus fideicommissario nihil usurarum medii temporis imputabit.
But if the heir paid the interest of the intermediate time, there will be no retention on that account, since he conducted his own business; indeed, having been compelled to return the principal to the creditor, he shall charge nothing of the interest of the intermediate time to the beneficiary of the trust.
§36.1.60.3Acceptis centum hereditatem rogatus restituere totam pecuniam iure Falcidiae percipere uidetur, et ita diui Hadriani rescriptum intellectum est, tamquam si ex bonis nummos retenturus fuisset.
A person requested to restore an inheritance after receiving a hundred is deemed to take the whole money by the right of the Falcidian law, and the rescript of the divine Hadrian was so understood, as if he were to retain the coins out of the goods.
quod tunc quoque respondendum est, cum pro parte hereditatem coheredi suo restituere rogatur.
This must also be answered when he is requested to restore the inheritance in proportion to his share to his co-heir.
diuersa causa est praediorum pro hereditaria parte retentorum: quippe pecunia omnis de portione retineri potest, praediorum autem alia portio non nisi a coherede, qui dominium habet, accipitur.
The case of estates retained in proportion to the hereditary share is different; for all money can be retained from the share, but another share of the estates is not received except from a co-heir who has ownership.
cum autem praedia maioris pretii quam portio hereditatis essent, in superfluo praediorum petenti fideicommissario Falcidiam interuenire uisum est: concurrentem enim pecuniam conpensari placuit.
But when the estates were of greater value than the share of the inheritance, it was held that the Falcidian law intervened in the excess of the estates against the beneficiary of the trust who made the claim; for it was decided that the concurrent money should be set off.
§36.1.60.4Hereditatem post mortem suam exceptis reditibus restituere rogatus ancillarum partus non retinebit nec fetus pecorum, qui summissi gregem retinent.
He who is requested to restore an inheritance after his death, with the exception of the revenues, shall not retain the offspring of female slaves, nor the offspring of cattle which, being substituted, maintain the herd.
§36.1.60.5Ante diem fideicommissi cedentem fructus et usurae, quas debitores hereditarii cum postea accesset dies soluerunt, item mercedes praediorum ab herede perceptae portioni quadrantis imputabuntur.
Before the day of the vesting of the trust-bequest, the fruits and interest which the debtors of the inheritance paid when the day subsequently arrived, as well as the rents of estates gathered by the heir, shall be imputed to the portion of the fourth.
§36.1.60.6Cum autem post mortem suam rogatus hereditatem restituere res hereditarias distrahere non cogatur heres, sortium, quae de pretiis earum redigi potuerunt, usurae propter usum medii temporis perceptae non uidebuntur: denique nec periculum mancipiorum aut urbanorum praediorum praestare cogitur: sed nihilo minus usus et casus eorum quadrantem quoque deminuit.
But since an heir requested to restore an inheritance after his death is not compelled to sell the hereditary items, the interest of the principal sums which could have been realized from their prices will not be deemed to have been received on account of the use during the intermediate time; in short, he is not compelled to bear the risk of slaves or urban estates; but nevertheless, their use and accidental loss also diminish the fourth.
§36.1.60.7Quod ex hereditate superfuisset, cum moreretur, restituere rogatus fructus superfluos restituere non uidetur rogatus, cum ea uerba deminutionem quidem hereditatis admittant, fructuum autem additamentum non recipiant.
A person requested to restore what should remain of the inheritance when he dies is not deemed to have been requested to restore the surplus fruits, since those words indeed admit a diminution of the inheritance, but do not receive the addition of fruits.
§36.1.60.8Heres eius, qui bonorum superfluum post mortem suam restituere fuerat rogatus, pignori res hereditarias datas, si non in fraudem id factum sit, liberare non cogitur.
The heir of a person who had been requested to restore the surplus of the goods after his death is not compelled to release the hereditary items given in pledge, if this was not done in fraud.