The Same, Digest, Book XVII. A patron asked his heir to immediately purchase a place in a tribe for his freedman. The latter suffered from the default of the heir of the patron for a long time, and, at his death, appointed a man of the most illustrious rank his heir. The question arose whether the appraised value of the place in the tribe was due to the heir of the freedman? The reply was that it was due. It was also asked whether, in this instance, the ordinary benefits and advantages to which the freedman would have been entitled by his membership in the said tribe until the day of his death could be recovered, if the place in the tribe had been purchased in the beginning, in accordance with the will of the patron; or whether his heir would only be entitled to the interest on the appraised value of the place. I answered that whatever the freedman could himself have recovered was transmitted to his heir. 1A testator made a devise to Sempronius as follows: “Let Sempronius take all the lands which I have within the boundaries of Galatia, as far as the tract which is called Gaas, and which are in charge of Primus, the steward, together with all the appurtenances of the same.” The question arose, as there was but one tract of land in charge of the said steward, and it was not within the boundaries of Galatia, but within those of Cappadocia, whether this tract would belong to Sempronius, along with the others. The answer was that it would belong to him. 2A testator made the following devise to his freedman, whom he mentioned by name, “I desire the Trebatian Estate, which is in the Atellatan district, and also the Satrian Estate, which is in the district of Niphana, together with a shop, to be given.” The question arose, as among the lands above devised there was a tract designated as Satrian, but which was not in the district of Niphana, whether it should be delivered to the freedman under the terms of the trust? The answer was if there was no estate called Satrian in the district of Niphana, but if it was certain that the testator had in his mind the one which was situated elsewhere, it would, none the less, be due, because he had made a mistake in indicating the district in which it was situated. 3A person made the following provision in a codicil, which he confirmed: “Let the Julian bath, which is joined to my house, be granted for the gratuitous use of the citizens of Tibur and Scitis, to whom I am much attached, in such a way that they can bathe there publicly, at the expense, and under the supervision of my heirs, for six months of every year.” The question arose whether the heirs would be required to pay the expense of necessary repairs. The answer was that, in accordance with the facts stated, the testator, in addition to the obligation to heat the bath, and provide for service, also included whatever was connected to its daily maintenance, so that the bath might be provided with everything necessary; and that, during the ordinary periods of intermission, it should be prepared and cleaned, so that it might be proper for occupancy, as is usual under some circumstances.

The Same, Digest, Book XVII. A testator made a bequest as follows: “I bequeath to my wife my travelling bags, and everything contained therein, as well as the claims in the small register written by my own hand, which have not been collected at the time of my death, although they may have been entered on my accounts as paid, and I have transferred the securities to my steward.” The said testator, when about to make a journey to Rome, placed the notes to his debtors and his money in the said travelling bags, and, having collected the notes, as well as expended the money, he returned home after the lapse of two years, and deposited in the said travelling bags deeds for some real estate which he had subsequently purchased, and a certain sum of money. The question arose whether he should be considered to have only bequeathed to the legatee the notes which, after his return, he placed in his bags. The answer was that, according to the facts stated, the notes which were in the bags when he died and which were not recorded by his own hand in his register were not due under the terms of the legacy. It was also asked, when he placed in his bags the evidences of the purchase of the said real estate, whether these also were included in the legacy? The answer was that it did not clearly appear what he intended to do with reference to the lands, but if he had placed the deeds for them in the bags with the intention that, when they were given to his legatee the ownership of the same would pass to her, it could be maintained that the lands also constituted part of the legacy. 1The father of a family made the following bequest, “I desire the two unchased dishes, which I bought in the square where images are sold, to be given.” The testator had, in fact, purchased certain dishes in that place, but they were not destitute of ornament, and he made his will only three days before his death. The question arose whether the said dishes, which he had purchased, formed part of the legacy, as he did not bequeath any others which he bought in the same place. The answer was that, according to the facts stated, those which he had purchased in the square of the images should be delivered to the legatee. 2A testator directed that a commission in the army should be purchased for a young man whom he had brought up, as follows: “I bequeath to Sempronius, whom I have brought up, such-and-such articles, and, when he has arrived at the proper age, I desire that a commission in the army shall be purchased for him, and that all expenses and charges arising therefrom be paid.” The question arose, if Sempronius himself purchased this commission, whether he could recover the price of the same, or whatever is customary to pay under such circumstances, from the heirs by the terms of the trust. The answer was that, according to the facts stated, he could do so. 3The same testator bequeathed a commission to his freedman, as follows, “I give and bequeath to Seius, my freedman, such-and-such a commission,” which commission the testator himself possessed. The question arose whether all the fees and expenses for admission to the army should be paid by the heir. The answer was that they should be paid by him.

The Same, Digest, Book XVII. Titia, having appointed Seia her heir, bequeathed the usufruct of a certain tract of land to Mævius, and charged him with a trust as follows: “I request you, Mævius, to pay to Arrius Pamphilus and Arrius Stichus, out of the income of the Speratian Estate, six hundred aurei every year from the day of my death, as long as they live.” The question arose if Mævius should pay the annual sum for their support, and, after his death, the land should revert to the heir of Titia by operation of law, whether the provision for support under the terms of the trust would be due to Pamphilus and Stichus. I answered that there was nothing in the case stated to compel payment by the heirs of Titia, as the usufructuary was only charged with it. The question was also asked, whether payment of the legacy should be made by the heirs of the legatee, Mævius. The answer was that nothing was due from the heirs of the legatee, unless it should be clearly proved that the testator intended payment to be made after the extinction of the usufruct, provided the receipts from the usufruct were sufficient to continue it. 1A certain individual who had paid an annual sum to a learned man, named Marcus, inserted the following provision into his will: “My dear wife, I know that you will take care of my friends, and allow them to want for nothing, still, I wish eighty aurei to be given to Marcus.” The question arose whether Marcus, having received the legacy of eighty aurei, could also claim the aforesaid annual payments? The answer was that there was nothing in the case stated why the annual payments concerning which advice was asked should not be made. 2“I bequeath to Lucius Titius three pounds of gold, which I was accustomed to give him during my lifetime.” Inasmuch as the testatrix gave Titius every year forty aurei by way of annual salary, and a certain quantity of silver in addition, as a gift for festivals, or the value of the same, I ask whether the trust for the benefit of Titius must be executed by the heirs, or the money be paid as a legacy. The answer was that there was nothing in the case stated to prevent the money from being paid.

The Same, Digest, Book XVII. “I desire that there should be given to Sempronius what I was accustomed to give him during my lifetime.” Sempronius lived in the testator’s house, which was bequeathed to one of the heirs as a preferred legacy. The question arose whether he was also entitled to his lodging therein. The answer was that there was nothing in the case stated to prevent him from being entitled to it. 1The question arose with reference to the following words of a will: “I desire to be given to those of my freedmen, to whom I have left nothing, what I was accustomed to give them during my lifetime.” The question arose whether lodging was intended to be left to those freedmen who lived with their patron until the time of his death? The answer was that it appeared to have been left to them. 2A testatrix inserted in a codicil: “I ask you to permit Nigidius, Titius, and Dion, my old and infirm freedmen, to pass their lives where they now are.” I ask whether the above-mentioned freedmen will, under the terms of the trust, be entitled to receive the profits of the land on which they reside; inasmuch as they have obtained, without controversy, other legacies which were bequeathed to them. The answer was that, according to the case stated, the charge was that the heirs should permit them to remain where they were, in the same way as she herself had allowed them to do.

The Same, Digest, Book XVII. A husband by a codicil left to his wife certain lands in trust, and also four silver dishes which she might select. The question arose whether she could make her selection from all the dishes which were found at the time of the death of the testator. The answer was that she could do so.

Scævola, Digest, Book XVII. A testator, having appointed his son his heir, by a codicil charged him with the payment of ten aurei to Seia, and provided for a foster-child as follows: “I desire forty aurei to be given to my foster-child, Mævius, which sum I ask Seia to take charge of, and to pay to Mævius the interest on the same at the rate of five per cent per annum, until he reaches the age of twenty years; and I also ask her to take charge of him, and rear him.” The question arose, if Seia, after having received her legacy, should refuse or neglect to take charge of the money left for the benefit of the foster-child, whether she would be compelled to assume the obligation of furnishing support for him from the time of the death of the testator. The answer was that, according to the facts stated, she would be compelled to provide support, as she had been charged with the execution of the trust. It was also asked whether the heir of Seia would be required to furnish Mævius support until he reached his twentieth year? The answer was that he would be required to do so. 1A testator bequeathed to his concubine eight slaves belonging to his country seat, and directed her to provide them with food as follows: “I wish the said slaves whom I have bequeathed, as above stated, to be furnished with food by my heirs, just as they were during my lifetime.” As the slaves during the life of the testator were always employed in farm labor during harvest, and when the grain was threshed, and, with the exception of the steward in charge of the land at that time, never received any food provided by their master; the question arose whether the heir would be obliged to furnish the concubine, at that time also, that is to say during the season of harvest and threshing, with provisions for the said slaves belonging to the farm. The answer was that this must be left to the court having jurisdiction of the case. Claudius: This is reasonable, for if the slaves were to be employed in the same way by a concubine, as they had been by the testator, it would not be necessary for food to be furnished them during the time in question. If, however, they had been bequeathed for service in the city, food must be furnished them. 2Titia, at the time of her death, provided as follows in her will: “I wish the food and clothing which I have been accustomed to furnish them during my lifetime to be given to all my freedmen and freed-women.” As during her lifetime she only furnished food and clothing to three of them, which was shown by her accounts, the question arose whether her heir could be sued by the remaining freedmen, or whether he would only be liable to the three who were found by the accounts of the testatrix to have previously received food and clothing. The answer was that he would be liable to all.

Scævola, Digest, Book XVII. A testator bequeathed to his physician, who resided with him and accompanied him on all his journeys, among other things, the following, “I wish the silver, which is used on my journeys, to be given to him.” As the testator was absent at different times on public business the question arose what silver should be considered as included in this legacy. The answer was that that would be included which the testator had in his possession at the time when he made his will. 1A bequest was made by a husband to his wife as follows, “I bequeath to my wife, Sempronia, in addition, the silver-ware used in the bath.” The question arose whether the silver which the testator was accustomed to use in the bath on feast-days was embraced in the legacy. The answer was that all of it was considered to have been bequeathed. 2A woman, at the time of her death, made the following bequest of her ornaments: “I wish all my jewelry to be given to my friend Seia.” She also added in the same will: “I desire my funeral to be conducted in compliance with the wishes of my husband, and whatever my burial ceremonies may be, I desire to have buried with me, of my jewelry, two strings of pearls, and my emerald bracelets.” When the body of the deceased was committed to the earth, neither her heirs nor her husband buried her with the jewelry, which she directed to be placed upon her body. The question arose whether the aforesaid articles would belong to the woman to whom she left all her jewelry, or to her heirs. The answer was that they would not belong to the heirs, but to the legatee.