[SCAEUOLA libro quinto digestorum. ] §36.1.82.prMatrem et auunculum eosdemque creditores suos heredes scripsit Lucius Titius et eorum fidei commisit, ut post mortem restituerent, quod ex re familiari testatoris superfuerit, Septicio.
[SCAEVOLA, from the fifth book of the digests.] Lucius Titius appointed his mother and maternal uncle, who were also his creditors, as his heirs, and entrusted to their good faith that, after their death, they should restore to Septicius whatever remained of the testator's estate.
heredes non modicam partem bonorum testatoris consumpserunt et multos heredes reliquerunt, quibus scientibus multa corpora, quae remanserant ex bonis Lucii Titii, Septicius possedit.
The heirs consumed no small part of the testator's goods and left many heirs, with whose knowledge Septicius possessed many specific items which had remained from the goods of Lucius Titius.
quaesitum est, an id, quod Lucius Titius debuit matri et auunculo, heredes eorum a Septicio petere possint.
The question was asked whether their heirs could demand from Septicius that which Lucius Titius owed to the mother and uncle.
respondit non posse.
He answered that they could not.
CLAUDIUS: aditione enim hereditatis confusa obligatio interciderat, sed fideicommissi repetitio erat: cuius aequitas defecit his, qui multa ex hereditate consumpsisse proponuntur.
CLAUDIUS: For by the acceptance of the inheritance, the obligation had perished by confusion, but there remained a claim for the trust-bequest: but the equity of this failed those who are stated to have consumed much from the inheritance.