[IDEM libro uicensimo primo digestorum. ] §36.1.80.6Titia ex asse heres scripta partem dimidiam hereditatis Macuiae rogata restituerat: fundum a testatore obligatum luere noluit, sed eum uendente creditore mandauit redimendum Seiae: quaesitum est, an Titia ex causa fideicommissi Maeuiae teneatur.
Titia, appointed heir to the whole estate, had restored half of the inheritance to Maevia as requested. She refused to redeem a land mortgaged by the testator, but when the creditor was selling it, she commissioned Seia to buy it back. The question was asked whether Titia was liable to Maevia by virtue of the trust.
respondit, cum rogata hereditatem restituere proponatur, nihil proponi, cur non teneatur.
He answered that since it was proposed that she was requested to restore the inheritance, nothing was proposed as to why she should not be liable.
CLAUDIUS: subest enim praestari oportere id, quanto pluris fundus fuit, quam ad creditorem peruenire oportuit.
CLAUDIUS: For it is implied that there ought to be performed that amount by which the land was of greater value than what ought to have come to the creditor.
§36.1.80.7Gaio Seio ex semisse, Titia ex quadrante et aliis ex reliquis portionibus heredibus institutis ita cauit: 'fidei autem uestrae mando, Gai Sei et Lucia Titia, uti post obitum uestrum reddatis restituatis Titio et Sempronio semissem patrimonii et portionis eius, quam uobis dedi'.
Gaius Seius being appointed heir for a half-share, Titia for a quarter-share, and others for the remaining portions, the testator provided as follows: "And I commit to your faith, Gaius Seius and Lucia Titia, that after your death you return and restore to Titius and Sempronius half of the estate and of that share which I gave to you." The question was asked, when both entered upon the inheritance and afterwards Gaius Seius died, having appointed Lucia Titia as his heir, whether this Lucia Titia ought immediately to restore the half of the half-share which Gaius Seius had been requested to restore, or whether she ought to restore the entire trust, both from her own person and from that of Gaius Seius, only after her own death.
quaesitum est, cum utrique adierint hereditatem et postea Gaius Seius defunctus sit Lucia Titia herede instituta, an haec Lucia Titia partem dimidiam semissis, quam rogatus erat Gaius Seius restituere, protinus debeat? an uero post suam demum mortem uniuersum fideicommissum tam ex sua persona quam ex Gaii Seii datum restituere debeat? respondit Luciam Titiam statim teneri, ut partem dimidiam semissis ex persona Seii restituat.
He answered that Lucia Titia was immediately liable to restore the half of the half-share from the person of Seius.
§36.1.80.8Filiam suam heredem scripsit et nepotem, quem ex ea habebat, ei substituit et ita cauit: 'Lucio Titio fratris mei filio genero meo ducentos aureos relinquo.
He appointed his daughter as heir and substituted for her the grandson he had by her, and provided as follows: "To Lucius Titius, my brother's son and my son-in-law, I leave two hundred aurei.
quo legato scio illum contentum esse, quoniam scripsi uniuersam rem meam, eo quod filiam meam et nepotem meum heredes scripsi, uniuersam substantiam eis communicasse'.
By which legacy I know he is content, since I have written my entire estate, by the fact that I appointed my daughter and my grandson as heirs, to have shared the whole substance with them.
quos inuicem commendo'.
Whom in turn I commend." The daughter, having entered upon her father's inheritance, divorced her husband.
filia adita patris hereditate diuertit a marito: quaesitum est, an Titius quondam eius maritus suo uel filii sui nomine ex fideicommisso communionem bonorum consequi possit uiua quondam uxore sua uel post mortem eius.
The question was asked whether Titius, her former husband, could in his own name or in the name of his son obtain the sharing of the goods under the trust, during the lifetime of his former wife or after her death.
respondit nihil fideicommissi datum genero proponi praeter ducentos aureos.
He answered that it was proposed that no trust was given to the son-in-law other than the two hundred aurei.
§36.1.80.9Idem quaesiit eandem uxorem marito herede scripto fideicommisisse, ut, cum moreretur, filio communi omne, quod ad eum ex hereditate sua peruenisset, restitueret: an illae quoque res et possessiones, quae in dotem datae et post diuortium restitutae mulieri fuerant, fideicommisso contineantur.
The same person asked, assuming that the same wife, having appointed her husband as heir, had committed to his faith that when he died he should restore to their common son all that had come to him from her inheritance: whether those things and possessions also, which had been given as dowry and restored to the woman after the divorce, were contained in the trust.
respondit, quod mulier in bonis suis reliquisset, id fideicommisso contineri.
He answered that what the woman had left in her goods was contained in the trust.
CLAUDIUS: et alias de eodem facto consultus ita respondit, siue restitutae sint res, secundum id quod supra responsum est in bonis mulieris computari, siue non sint restitutae, quia ex stipulatione de dote reddenda interposita restituendae sint, eo auctiorem hereditatem computari.
CLAUDIUS: And on another occasion, being consulted on the same fact, he answered thus: if the things were restored, they are computed in the goods of the woman according to what was answered above; if they were not restored, because they ought to be restored by virtue of the stipulation entered into for the return of the dowry, the inheritance is computed as increased by that amount.
§36.1.80.10Quae habebat filium et ex eo nepotem utrosque in mariti potestate, maritum ex asse scripsit heredem eiusque fidei commisit in haec uerba: 'si Titius maritus meus mihi heres erit, peto fideique eius committo, quidquid ex hereditate mea ad eum peruenerit, cum mori coeperit, det restituat Gaio filio nostro, ita tamen, ut decem quidem uncias Gaius habeat, duas autem uncias Seius nepos habeat: quod ut fiat, fidei eius Titi heredis mei committo'. pater emancipauit filium, nepotem amisit et superstite filio decessit.
A woman who had a son and a grandson by him, both under the power of her husband, appointed her husband heir to the whole estate and committed to his faith in these words: "If Titius my husband shall be my heir, I request and commit to his faith that whatever comes to him from my inheritance, when he begins to die, he shall give and restore to Gaius our son, in such a manner, however, that Gaius shall have ten shares, and Seius the grandson shall have two shares; that this be done, I commit to the faith of Titius my heir." The father emancipated the son, lost the grandson, and died while the son survived.
quaesitum est, an priore parte scripturae uniuersa hereditas patris ex causa fideicommissi filio debeatur et illa sequentia uerba 'ita tamen, ut decem uncias filius, duas autem nepos habeat' ex uoluntate defunctae ita demum locum haberent, si die fideicommissi cedente filius et nepos eorum in natura essent, cum autem non superuixit ad diem fideicommissi nepos, sequens scriptura cesset.
The question was asked whether, by the prior part of the writing, the entire inheritance of the father was due to the son by virtue of the trust, and those subsequent words "in such a manner, however, that the son have ten shares, and the grandson two shares" would only take place according to the will of the deceased if, upon the vesting of the trust, the son and the grandson were in existence; whereas, since the grandson did not survive to the vesting day of the trust, the subsequent writing ceased to apply.
respondit ea quae proponerentur ostendere decem dumtaxat uncias filio datas.
He answered that the facts proposed showed that only ten shares were given to the son.