[IDEM libro nono responsorum. ] §36.2.26.pr'Firmio Heliodoro fratri meo dari uolo quinquaginta ex reditu praediorum meorum futuri anni postea'. non uideri condicionem additam, sed tempus soluendae pecuniae prolatum uideri respondi: fructibus fini relictae pecuniae non perceptis ubertatem esse necessariam anni secundi.
[THE SAME, ninth book of Opinions.] 'I wish fifty to be given to my brother Firmius Heliodorus later from the income of my estates of the coming year.' I answered that a condition did not seem to have been added, but that the time for paying the money seemed to have been postponed; and if the fruits were not gathered to the limit of the bequeathed money, the abundance of a second year would be necessary.
§36.2.26.1Cum ab heredibus alumno centum dari uoluisset testator et eam pecuniam ad alium transferri, ut in annum uicensimum quintum trientes usuras eius summae perciperet alumnus ac post eam aetatem sortem ipsam: intra uicensimum quintum annum eo defuncto transmissum ad heredem pueri fideicommissum respondi: nam certam aetatem sorti soluendae praestitutam uideri, non pure fideicommisso relicto condicionem insertam.
When a testator wished one hundred to be given by his heirs to his foster child, and that money to be transferred to another person, so that the foster child should receive interest of one-third of an as (four percent) on that sum until his twenty-fifth year, and after that age the principal itself; and the boy died within his twenty-fifth year, I answered that the fideicommissum was transmitted to the boy's heir. For a certain age was deemed to have been pre-established for paying the principal, and not a condition inserted in a fideicommissum unconditionally left.
cum autem fideicommissum ab eo peti non posset, penes quem uoluit pecuniam collocari, propter haec uerba 'eamque alumno meo post aetatem supra scriptam curabis reddere' fideicommissum ab heredibus petendum, qui pecuniam dari stipulari debuerunt: sed fideiussores ab eo non petendos, cuius fidem sequi defunctus maluit.
Since, however, the fideicommissum could not be demanded from the person with whom the testator wished the money to be placed, because of these words, 'and you shall take care to return it to my foster child after the above-written age,' the fideicommissum must be demanded from the heirs, who ought to have stipulated for the money to be given; but guarantors should not be demanded from him whose good faith the deceased preferred to rely upon.
§36.2.26.2Pater annua tot ex fructu bonorum, quem uxori legauit, accessura filii patrimonio praeter exhibitionem, quam aeque matri mandauit, ad annum aetatis eius. uicensimum quintum ab uxore praestari uoluit.
A father wished a certain annual sum, from the fruits of the property which he had bequeathed to his wife, to be added to his son's estate, besides the maintenance which he had likewise entrusted to the mother, and to be provided by the wife until the son's twenty-fifth year.
non plura, sed unum esse fideicommissum certis pensionibus diuisum apparuit et ideo filio intra aetatem supra scriptam diem functo residui temporis ad heredem fideicommissum eius transmitti, sed non initio cuiusque anni peti pecuniam oportere, quod ex fructibus uxori datis pater filio praeberi uoluit.
It appeared that there were not several fideicommissa, but a single one divided into certain payments, and therefore, if the son died within the above-written age, his fideicommissum for the remaining time was transmitted to his heir; but the money ought not to be demanded at the beginning of each year, because the father wished it to be provided to the son from the fruits given to the wife.
ceterum si pecuniam annuam pater alimentis filii destinasset, non dubie persona deficiente causa praestandi uidetur extincta.
However, if the father had destined the annual money for the maintenance of his son, undoubtedly, upon the failure of the person, the cause of payment seems to have been extinguished.