Fideicommissorum libri
Ex libro VII
Dig. 33,1,15Valens libro septimo fideicommissorum. Iavolenus eum, qui rogatus post decem annos restituere pecuniam ante diem restituerat, respondit, si propter capientis personam, quod rem familiarem tueri non posset, in diem fideicommissum relictum probetur et perdituro ei id heres ante diem restituisset, nullo modo liberatum esse: quod si tempus heredis causa prorogatum esset, ut commodum medii temporis ipse sentiret, liberatum eum intellegi: nam et plus eum praestitisse quam debuisset.
Valens, Trusts, Book VII. Javolenus gave it as his opinion, with reference to an heir who having been charged to pay a certain sum of money after the lapse of ten years paid it before the expiration of the time, that, if it could be proved that the trust had been left for the said period to benefit the party entitled to it, because he could not take care of the property, and the heir paid him the money before the time, knowing that he would squander it, he will, under no circumstances, be released from liability. If, however, the time had been fixed on account of the heir, in order that he might profit by the delay, it is understood that he will be released; and, indeed, it may be said that he paid more than he should have done.