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Justinian I · The Digest of Justinian §36.1.77.pr-36.1.77.1

Share of a Restored Heir and Trust Restitution upon Death

Passage 5631 of 9271 · Latin

Summary

The text discusses whether a trust applies to the share of a person who recovered his status after exile, and determines that a trust imposed on a former daughter-in-law for her son should be restored upon her death.

[SCAEUOLA libro octauo decimo digestorum. ] §36.1.77.prEpistulam ad heredem suum in haec uerba scripsit: 'Titius Cornelio heredi suo salutem.
[SCAEVOLA, Digest, Book 18] He wrote a letter to his heir in the following words: "Titius greets his heir Cornelius.
a te peto, Corneli, quoniam ad te deuoluta est pars matris meae, item pars Sempronii curatoris quondam mei contraria fortuna usi et per hoc totus as meus apud te esse speratur, uti reddas restituas Gaio Seio uncias quattuor'. quaesitum est, cum Sempronius in integrum restitutus sit ab imperatore, a quo fuerat deportatus et adicrit hereditatem, an is quoque rogatus sit, ex sua portione restituat hereditatem.
I ask you, Cornelius, since the share of my mother has devolved upon you, as well as the share of Sempronius, formerly my curator, who experienced adverse fortune, and by this my entire estate is expected to be with you, that you return and restore four unciae to Gaius Seius." The question was raised, when Sempronius had been restored to his former status by the emperor by whom he had been deported, and had entered upon the inheritance, whether he also was requested to restore the inheritance from his share.
respondit Sempronium quidem non proponi rogatum, Cornelium autem heredem debere pro rata portione maternarum defuncti rerum restitutionem Seio facere.
He answered that Sempronius indeed is not presented as having been requested, but the heir Cornelius ought to make restoration to Seius in proportion to his share of the deceased's maternal property.
§36.1.77.1Mulier heredis instituti fidei commisit, ut refenta parte quarta reliquam partem restitueret nurui quondam suae, cuius fidei commisit in haec uerba: 'rogo te, ut id, quod ad te ex bonis meis peruenerit, facias peruenire ad filium tuum': quaesitum est, quando hoc fideicommissum restituere debeat, utrumne post mortem suam an iam nunc.
A woman charged the trust of the instituted heir to restore the remaining part, after retaining a fourth part, to her former daughter-in-law, and charged her trust in these words: "I ask you to cause whatever shall come to you from my goods to come to your son." The question was raised as to when she ought to restore this trust, whether after her death or already now.
respondit ad tempus, quo nurus moreretur, fideicommissum aptandum esse.
He answered that the trust was to be adjusted to the time when the daughter-in-law should die.

Notes

  1. §36.1.77.prusi — Perfect participle of the deponent verb utor, which governs the ablative case; here it takes contraria fortuna (ablative) as its object and modifies the preceding genitive Sempronii (and curatoris quondam mei).
  2. §36.1.77.prrestituat — Present subjunctive following the indirect question an is quoque rogatus sit. It forms a noun clause (with ut omitted) representing the substance of the request made under the trust.
  3. §36.1.77.1refenta parte — A clear scribal error or misprint for retenta parte (ablative absolute, meaning "a fourth part having been retained").
  4. §36.1.77.1fidei commisit — fidei is in the dative case. This reflects the phrase fidei committere (to entrust to the good faith of), which is the etymological origin of the noun fideicommissum.

Cite this passage

Justinian I, The Digest of Justinian §36.1.77.pr-36.1.77.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.1.77.pr-36.1.77.1

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