Scævola, Digest, Book XXXIII. A man made a will, and bequeathed a lawful share of his estate to one who was only entitled to receive a certain amount, and he then provided as follows: “I give and bequeath one hundred aurei to Titius, which he has placed in my hands, but of which I have not given him any written evidence, because I have held all the fortune and property which he received from his mother in my possession without any note. Moreover, I desire that there should be delivered and paid to Titius a hundred and fifty aurei out of my estate, which I have received as the rent of land, being the proceeds of crops harvested and sold, as well as any sums shown on my books to have been received by Titius from his mother, and which I have appropriated to my own use.” I ask whether Titius can collect this money. The answer was that if Titius can prove that the property had come into the hands of the testator in accordance with the above-mentioned statement, he can do so; for it is held that in a case where a party is not entitled to receive more than a certain amount by a legacy, such provisions are added to a will in violation of law.

The Same, Digest, Book XXXIII. Titius appointed his wife, Seia, his heir to a twelfth part of his estate, and Mævius his heir to the remainder, and made the following provision with reference to a monument which he wished to be erected for himself: “I desire my body to be delivered to my wife to be buried in such-and-such a place, and a monument of the value of four hundred aurei to be erected.” The wife obtained as the twelfth part of the estate not more than a hundred and fifty aurei, and I ask whether the testator, by this provision, intended that his monument should be erected by her alone. I answered that the monument should be erected by both the heirs, in proportion to their respective shares of the estate.

The Same, Digest, Book XXXIII. “I give to my wife the usufruct of my estate until my daughter arrives at the age of eighteen years.” The question arose whether the wife should be entitled to the usufruct of both the land in the country and in the city, as well as to that of the slaves, the furniture, and the funds belonging to the estate. The answer was that, in accordance with the facts stated, she would be entitled to the usufruct of everything.