Digestorum libri
Ex libro XX
Celsus, Digest, Book XX. Plotiana to her friend, Celsus, Greeting. Lucius Titius made the following provision in his will: “If I leave anything by will in any document, which in any way relates to this will, I desire it to be valid.” I ask whether a codicil made before this will should be confirmed. Juventius Celsus to Plotiana, Greeting. These words: “If I leave anything which relates to this will, I desire it to be valid,” also include everything which was bequeathed before the will was made.
The Same, Digest, Book XX. Where a certain individual has returned her dowry to his wife, and wished to bequeath to her forty aurei, and although he knew that her dowry had been returned, still, he made use of the pretext that he was bequeathing to her the said sum on the ground of returning her the dowry, I think that the forty aurei will be due, for the term “return,” although it may have the signification to give back, also includes the meaning of the word to present.
Celsus, Digest, Book XX. Ballista appointed a son under paternal control his heir, as follows, “Let Trebellianus be my heir, if he gives security to the colony of the Philippians that, if he should die without issue, all the money which may come into his hands from my estate will be given to the said colony of the Philippians.” I gave it as my opinion that although the testator made use of the word “money,” the heir must also surrender any other property which he may have received from the estate, just as if the testator has expressly designated it.
Celsus, Digest, Book XX. Where a debt is paid by my agent, I cannot recover it, as where anyone appoints an agent for the transaction of all his business he is considered to have directed him to pay his creditors the money to which they are entitled, and it is not necessary to wait until the principal ratifies the transaction.