[SCAEUOLA libro tertio responsorum. ] §7.1.58.prDefuncta fructuaria mense Decembri iam omnibus fructibus, qui in his agris nascuntur, mense Octobri per colonos sublatis quaesitum est, utrum pensio heredi fructuariae solui deberet, quamuis fructuaria ante kalendas Martias, quibus pensiones inferri debeant, decesserit, an diuidi debeat inter heredem fructuariae et rem publicam, cui proprietas legata est.
[SCAEVOLA in the third book of Opinions.] A female usufructuary died in the month of December, when all the fruits which grow on these lands had already been gathered by the tenants in the month of October. The question arose whether the rent ought to be paid to the heir of the usufructuary, even though the usufructuary died before the first of March, on which day the rents ought to be paid, or whether it should be divided between the heir of the usufructuary and the municipality to which the ownership had been bequeathed.
respondi rem publicam quidem cum colono nullam actionem habere, fructuariae uero heredem sua die secundum ea quae proponerentur integram pensionem percepturum.
I answered that the municipality indeed has no action against the tenant, but that the heir of the usufructuary, according to the facts stated, would receive the entire rent at its proper term.
§7.1.58.1'Sempronio do lego ex redactu fructuum holeris et porrinae, quae habeo in agro Farrariorum, partem sextam'. quaeritur, an his uerbis usus fructus legatus uideatur.
"I give and bequeath to Sempronius a sixth part of the proceeds of the crop of vegetables and leeks which I have in the Farrarian land." The question is whether by these words a usufruct is to be considered as bequeathed.
respondi non usum fructum, sed ex eo quod redactum esset partem legatam.
I answered that not a usufruct, but a share of what had been realized was bequeathed.
§7.1.58.2Item quaesitum est, si usus fructus non esset, an quotannis partem sextam redactam legauerit.
The question was also asked, if there were no usufruct, whether he had bequeathed a sixth part of the proceeds annually.
respondi quotannis uideri relictum, nisi contrarium specialiter ab herede adprobetur.
I answered that it appears to have been left annually, unless the contrary is specially proved by the heir.