[SCAEUOLA libro tertio responsorum. ] §36.2.27.prFilium familias ex parte pure instituit heredem eique fideicommissum dedit et eodem testamento ita cauit: 'quod ego Lucium Titium heredem institui, ita eum adire hereditatem uolo, si is patria potestate liberatus fuerit': quaesitum est, an a coheredibus eius adita hereditate legati filio familias dati dies cesserit.
[SCAEVOLA, third book of Opinions.] A testator appointed a son-in-power as heir to a part unconditionally, gave him a fideicommissum, and in the same will provided as follows: 'As to my appointing Lucius Titius as heir, I wish him to enter upon the inheritance only if he shall have been released from paternal power.' It was asked whether, upon the inheritance being entered upon by his co-heirs, the right to the legacy given to the son-in-power vested.
respondit, si pure sit datum, a coherede filii pro hereditaria parte fideicommissum peti posse.
He answered that if it was given unconditionally, the fideicommissum could be demanded from the co-heir of the son in proportion to his hereditary share.
§36.2.27.1Menstruos denarios denos manumissis legauit: quaesitum est, cum absentibus heredibus ex senatus consulto libertatem sunt consecuti, ex quo tempore eis cibaria debeantur.
A testator bequeathed ten denarii monthly to those manumitted. It was asked, when they obtained their freedom under a decree of the senate because the heirs were absent, from what time maintenance was due to them.
respondit secundum ea quae proponerentur ex eo tempore his cibaria debeantur, quo liberi esse coeperint.
He answered that, according to the facts proposed, maintenance was due to them from the time when they began to be free.