[SCAEUOLA libro quarto responsorum. ] §36.1.64.prA filia petit, ut, si liberis superstitibus moreretur, partem eius quod ad eam ex bonis patris peruenisset, quod si sine liberis, uniuersum fratri restitueret: quaeritur, defuncta ea in matrimonio superstite filia, an heres eius cum parte hereditatis eius quoque quod dotis nomine datum erat partem restituere debeat.
[SCAEUOLA, Opinions, Book 4] He requested of his daughter that, if she should die leaving children surviving, she should restore a part of that which had come to her from her father's estate, but if without children, she should restore the whole to her brother: the question arises whether, upon her death during marriage leaving a daughter surviving, her heir ought to restore a part [of the dowry] as well, along with a part of the inheritance, of that which had been given under the name of dowry.
respondit id, quod in dotem fuisset, non contineri in partem hereditatis quae restituenda est: sed et si ex promissione dotis aliquid debitum fuit, aeris alieni loco habendum.
He answered that what had been given as dowry was not included in the part of the inheritance which was to be restored; but also if anything was due from a promise of dowry, it was to be regarded as a debt.
§36.1.64.1Alumno certam pecuniam legauit et eam recipi a Sempronio mandauit et certas usuras alumno praestari, donec ad uicensimum annum peruenerit: deinde alumni fidei commisit, ut, si sine liberis decederet, partem restitueret Sempronio, partem Septiciae.
He bequeathed a certain sum of money to a foster-child, and directed that it be received by Sempronius, and that a certain interest be paid to the foster-child until he should reach his twentieth year; then he charged the faith of the foster-child that, if he should die without children, he should restore a part to Sempronius and a part to Septicia.
quaesitum est defuncto alumno intra annum uicensimum, an substituti fideicommissum petere possint an uero in id tempus sustinere, quo, si uiueret, alumnus uicensimum annum impleret.
The question was asked, upon the death of the foster-child before his twentieth year, whether the substitutes could claim the trust, or whether they must wait until the time when, if he were living, the foster-child would have completed his twentieth year.
respondi secundum ea quae proponerentur posse.
I answered that, according to the facts proposed, they could.