[PAULUS libro secundo decretorum. ] §36.1.76.prQui filium et filiam habebat, testamentum fecit et ita de filia sua cauerat: ἐντέλλομαί σοι μὴ διατίθεσθαι, πρίν τέκνα σοι γενέσθαι. pronuntiauit imperator fideicommissum ex hac scriptura deberi, quasi per hoc, quod prohibuisset eam testari, petisset, ut fratrem suum heredem faceret: sic enim accipiendam eam scripturam, ac si hereditatem suam rogasset eam restituere.
[PAULUS, Decrees, Book 2] A man who had a son and a daughter made a testament and had provided thus concerning his daughter: "I charge you not to make a will until children are born to you." The emperor pronounced that a trust was owed based on this writing, as if, by the fact that he had forbidden her to make a will, he had requested that she make her brother her heir; for he held that this writing was to be understood as if he had requested her to restore her inheritance.
§36.1.76.1Fabius Antoninus impuberem filium Antoninum et filiam Honoratam relinquens exheredatis his matrem eorum Iuniam Ualerianam heredem instituit et ab ea trecenta et quasdam res filiae reliquit, reliquam omnem hereditatem filio Antonino, cum ad annum uicensimum aetatis peruenisset, uoluit restitui: quod si ante annum uicensimum decessisset filius, eam hereditatem Honoratae restitui praecepit.
Fabius Antoninus, leaving his underage son Antoninus and his daughter Honorata, having disinherited them, instituted their mother Junia Valeriana as his heir, and left from her three hundred and certain things to the daughter, and willed that all the remaining inheritance be restored to the son Antoninus when he should have reached his twentieth year of age; but if the son should die before his twentieth year, he ordered that inheritance to be restored to Honorata.
mater intestata decessit utrisque liberis legitimis heredibus relictis.
The mother died intestate, leaving both children as her legitimate heirs.
postea filius annum agens plenum nonum decimum et ingressus uicensimum necdum tamen eo expleto decessit filia herede Fabia Ualeriana sua relicta, a qua amita fideicommissum et ex testamento patris portionem hereditatis petebat: et apud praesidem optinuerat.
Afterwards, the son died while passing his full nineteenth year and having entered his twentieth, but before it was completed, leaving his daughter Fabia Valeriana as his heir, from whom her aunt demanded the trust and a share of the inheritance under the father's testament, and she had prevailed before the governor.
tutores Ualerianae filiae Antonini egestatem eius praetendebant et recitabant diui Hadriani constitutionem, in qua quantum ad munera municipalia iusserat eum annum, quem quis ingressus esset, pro impleto numerari.
The tutors of Valeriana, the daughter of Antoninus, pleaded her poverty and read out a constitution of the divine Hadrian, in which, so far as related to municipal offices, he had ordered that year which someone had entered to be counted as completed.
imperator autem noster motus et aequitate rei et uerbis testamenti 'si ad annum uicensimum aetatis', quamuis scire se diceret a diuo Marco non excusatum a tutela eum qui septuagensimum annum aetatis ingressus fuisset, nobis et legis aeliae Sentiae argumenta proferentibus et alia quaedam, contra petitricem pronuntiauit.
Our emperor, however, moved both by the equity of the matter and by the words of the testament "if he should have reached his twentieth year of age," although he said he knew that a person who had entered his seventieth year of age was not excused from guardianship by the divine Marcus, since we produced arguments from the Lex Aelia Sentia and certain other points, pronounced against the claimant.