[IDEM libro singulari de tacitis fideicommissis. ] §49.14.49.prCum tacitum fideicommissum is cui datum erat capere se nihil posse detulisset, in quaestionem uenit, dodrantis an totius assis partem dimidiam ex beneficio diui Traiani recipere debeat.
[THE SAME, from the Single Book on Silent Trusts.] When a person to whom a silent trust had been given reported that he was unable to take anything, the question arose whether, by the benefit of the Divine Trajan, he ought to receive a half of three-quarters or a half of the entire whole.
de qua re exstat rescriptum imperatoris Antonini in haec uerba: 'Imperator Antoninus Iulio Rufo.
On this matter, there exists a rescript of the Emperor Antoninus in the following words: "The Emperor Antoninus to Julius Rufus.
§49.14.49.1Qui tacitam fidem accommodauit, ut non capienti restitueret hereditatem, si deducta parte quarta restituit, nihil retinere debet.
He who lent his silent good faith to restore an inheritance to one incapable of taking, even if he restored it after deducting a fourth part, ought to retain nothing.
quadrans autem qui heredi imponitur ipsius eripiatur et ad fiscum transferatur'. unde dodrantis semissem solum capit qui se detulit.
But the fourth part which is allowed to the heir shall be taken away from him and transferred to the treasury." Hence, he who reported himself takes only a half of three-quarters.