The Same, Digest, Book XV. A certain man bequeathed to his wife, with other property, that portion of his house in which they had been accustomed to live. The question arose, since, at the time that the will was made as well as when the testator died, he made use of the entire house, and did not rent any portion of it, whether he only intended to bequeath the bedroom in which he was accustomed to sleep. The answer was that all that part of the house in which he habitually resided with his family was included. 1A testator, among other bequests, left the following legacy to his wife: “I desire that whatever I have presented to my wife, or have purchased for her use during my lifetime shall be given to her.” I ask whether it should be held that she was also entitled to what he had given to her after the will was made. The answer was that the words mentioned had no reference to future time. 2Where Seius paid a hundred aurei to a creditor of his wife, and redeemed a piece of jewelry which had been deposited by way of pledge, and, having afterwards executed a will, made the following bequest, “I give to my wife whatever I have paid on account of a stipulation into which she entered, and, in addition to this, two hundred aurei every year;” the question arose whether the said two hundred aurei could be recovered by the husband’s heirs from his wife or from her heirs. The answer was if he had paid the creditor as a donation, his heirs would be liable under the trust if they tried to collect the debt, and that they could even be barred by an exception. The presumption would be that a donation was intended, unless the contrary could be proved by the heir.

Scævola, Digest, Book XV. A certain man having stated his intentions in general terms, added the following in his will: “I bequeath to Felix, whom I have directed to be free, the usufruct of the Vestigian Estate, as I think that he will be entitled to the property if he does not enter into a contest with my heir, but remains on good terms with him. I ask my heir to act in such a way that he and Felix may continue to be friends, for this will be of advantage to both of them.” The question arose whether Felix could during the lifetime of the heir exact the ownership of the land. The answer was that there was nothing in the facts stated which showed that the ownership of the land was left to Felix. 1A testatrix appointed her children by Seius, and her daughter by another husband, her heirs to equal shares of her estate, and made the following bequest to her mother: “I desire that the usufruct of my property be given to ælia Dorcas, my mother, as long as she lives, and that, at her death, it shall go to my children, or to the survivor of them.” The children of Seius died after entering upon the estate, and after the death of the mother, who was survived by the daughter of the testatrix, the question arose whether the usufruct would belong entirely to the daughter, or only in proportion to her share of the estate. The answer was that it would revert to those in whom the ownership of the land was vested. Claudius: Scævola believed that after the death of their grandmother, the usufruct itself would revert to the children in proportion to their shares of the estate, especially because they were appointed heirs to equal portions of the same. 2Where a husband left to his wife the usufruct of his houses and everything contained therein, except the silver plate, and, in addition, that of his lands and salt-pits; the question arose whether the usufruct of wools of different colors which were intended for commerce, as well as of the purple which was in the houses, were also due to the wife. The answer was that, with the exception of the silver plate and the articles which would be classed as merchandise, the legatee would be entitled to the usufruct of all the other property. 3It was also asked, as a considerable amount of salt had been found in the salt-pits, the usufruct of which was bequeathed, whether it also would belong to the wife, under the terms of the trust. The answer was that the testator had not intended to bequeath any property which was for the purpose of sale. 4The question was also asked, if the testator should have made the following provision in the same will, namely, “I ask you, my wife, to be content with the sum of four hundred aurei a year, which I desire you to receive for the term of fifteen years, out of the usufruct, and that you pay to my heirs anything in excess of said sum which may be derived from the said usufruct,” whether it should not be held that the testator had changed his mind with reference to the former bequest, and therefore that the wife would not be entitled to more than four hundred aurei a year out of the usufruct. The answer was that the inquiry was clearly explained by the words which were quoted. 5Lucius Titius, by his will, left the Tusculan Estate to Publius Mævius, and charged him to give half of the usufruct of the same to Titia. Publius Mævius rebuilt an old country-house which had fallen into decay through age, and which was required for the collection and preservation of the crops. I ask whether Titia should contribute to the payment of the expense of this, in proportion to her share of the usufruct. The answer was that if the legatee had rebuilt the house before he delivered the legacy of the usufruct to Titia, he could not be compelled to deliver it until she had paid her share of the expense. 6A man appointed his two daughters and his son, who was not of sound mind, his heirs, and bequeathed the usufruct of the share of his imbecile son to one of his daughters, in the following terms: “In addition to this, let Publia Clementiana take, by way of preferred legacy, the usufruct of the fourth part of my estate, to which I have appointed my son, Julius Justus, my heir; and I ask you, Publia Clementiana, in consideration of the usufruct of his share which I have bequeathed to you, to support and take care of him until he becomes of sound mind and recovers.” As the son continued in the same condition until the time of his death, the question arose whether the usufruct would be extinguished. The answer was that, according to the case stated, the legacy would continue to exist, unless it was clearly proved that the testator intended otherwise. 7A testatrix charged her appointed heir to pay ten aurei to her son every year, or to purchase land which would return a revenue of ten aurei annually, and assign the usufruct of the same to him; and the son, having received the land from the heir, rented it in compliance with the will of his mother. After his death the question arose, whether the amount remaining due from the tenants would belong to the heir of the son, who was the usufructuary, or to the heir of Seia, the testatrix? The answer was that there was nothing in the case stated which would prevent the balance of the rent from belonging to the heir of Seia. 8A certain man left the usufruct of a third part of his estate to one of his heirs, and the question arose whether the third of the money to which the property, after having been divided, amounted to according to the appraisement, should be paid to the usufructuary. The answer was that the heir had the choice of delivering either the usufruct of the property itself, or that of the appraised valuation of the same. 9It was also asked whether the taxes, in addition to what was due and required to be paid on the land or personal property might be deducted from the amount, so that payment would only be made of the remainder, if the heir should prefer to do this? The answer was that the third of the remaining sum could be paid.

Scævola, Digest, Book XV. Theopompus, having made a will, appointed his two daughters and his son equal heirs to his estate, and inserted the following provision in a codicil: “I wish my daughter, Crispina, to be married to someone of whom my friends and relatives will approve; and Pollianus, who knows my intentions, will provide for her dowry, in proportion to the equal shares of my estate which I have left to her and her sister.” Pollianus, having been sworn at the instance of the husband of the girl, stated that her father had intended the young daughter to receive as much, by way of dowry, as the elder one. I ask whether the co-heirs will be required to give the same sum to the younger daughter, over and above her share of the estate. The answer was that the magistrate, who had jurisdiction of the case, should decide that the same amount, after having been taken from the bulk of the estate, shall be given to the younger daughter, by way of dowry.

Scævola, Digest, Book XV. A master, by his will, bequeathed freedom to his slave Stichus, who transacted the business of one of his freedmen, to half of whose estate the master was the testamentary heir; a list of claims being included among the assets. The bequest of freedom was dependent upon the condition that he should render an account; and he left him his peculium under a trust. Stichus rendered an account of the sums of money which he had collected from the claims, as well as those which he had obtained from other sources, the debtors in whose behalf he himself had paid the heirs of his patron still remaining liable for their obligations; and having obtained his freedom, he died. The question arose whether, by virtue of the trust, the heirs of the patron could be compelled to assign to the heirs of Stichus their rights of action against the debtors for whom Stichus had made payment, when there was nothing else due from Stichus to the patron. The answer was that they could be compelled to do so. 1A certain testator manumitted his slaves by his will and a codicil, bequeathed them their peculium, and made the following provision with reference to Stichus: “I wish my slave Stichus to be free, and that ten aurei be given to him, together with whatever money he may have in my purse, and I desire that he render an account to my heirs. I also wish the peculium of all the slaves whom I have manumitted to be given to them.” The question arose whether Stichus should receive from the heirs any excess over and above the contents of his master’s purse, which he had expended for his benefit at the time of his death, as it was the custom of the household that, where he expended anything more than the contents of the purse, for him to be reimbursed for the same by his master. The answer was that, according to the facts stated with reference to the custom of the household, that also was included in the peculium bequeathed which was due to him from his master, and which the latter was accustomed to return to him. 2A testator granted freedom to his slaves, left them certain legacies, and then prescribed the following condition: “I desire that no accounts be required from the slaves whom I have manumitted, and to whom I have bequeathed legacies.” The question arose whether their peculium should be considered to have been bequeathed to them by this clause. The answer was that, according to the facts stated, the peculium was not considered to have been bequeathed. 3It was also asked whether, under this provision, the slaves could retain as part of their legacies anything that remained due to them from their master, either if they had any of his property in their hands, or if, where they were his tenants, they owed him rent. The reply was that the answer has already been given.

Scævola, Digest, Book XV. A certain man made a bequest to his wife as follows: “I wish all the toilet-articles and jewels, and whatever else I have given or donated to my wife, or acquired, or made for her use during my lifetime, to be given to her.” The question arose whether a four-wheeled carriage for sleeping purposes, together with its mules, which the wife had always made use of, was included in the legacy. The answer was that if it had been acquired for her use, she was entitled to it. It was also asked whether, under the same clause, the garments which the testator had purchased for the female slaves or the litter-bearers of his wife should also be given to her. The answer was that they should be given.

Scævola, Digest, Book XV. A testator bequeathed a certain kind of gold and silver to Seia, and made the following request of her: “I ask you, Seia, at the time of my death, to deliver any gold or silver which I have specifically bequeathed to you, to So-and-So, my slaves, and the usufruct of said property will be sufficient for you while you live.” The question arose whether the usufruct alone of the gold and silver should be given to the legatee. The answer was that, in accordance with the facts stated, the ownership of the articles was also bequeathed under the terms of the trust.