CURIANUS' EMBARRASSMENT
Curianus' first concern seems to have been for his social standing rather than his bank balance. As we shall see there were reasons for not, if it were avoidable, proceeding by way of complaint of an unduteous will.
Curianus approached Pliny, as one of the appointed heirs, and asked him if he would publicly and voluntarily make him a present of his share. To follow the contrasts proposed later in this passage it is important to bear in mind the manner of receiving an inheritance. A stranger heir, that is one other than an immediate member of the deceased's own family, was not compelled to receive what he was made heir of. In order to become heir one had to accept: there were various ways of doing this and it was traditional to provide that such heirs should indicate their willingness to accept by a formal acceptance (cretio) within a certain time or be disinherited in favour of others.[238] Apart from other considerations an heir in Roman law was in principle personally liable for debts of the estate and might well wish to decline a damnosa hereditas in which the burdens outweighed the assets. This particular consideration did not apply in Curianus' case but the fact that he had been disinherited and might eventually seek redress from the instituted heirs in court might well make such an heir consider whether it was worth the trouble.Pliny therefore had to take some step before becoming heir. Curianus' suggestion was that he should indeed accept his share of the inheritance but then publicly make a gift of it to Curianus. The idea was that, if someone as notably punctilious as Pliny were minded to overturn the intentions of Curianus' mother's will this would both induce the other heirs to act in similar fashion or convict them of unscrupulousness. The term used here - praeiu- dicio - rather implies that Curianus hoped to gain in this informal way what he might otherwise get by going to court.
Either way Curianus would be cleared publicly of the imputation that he had done something which justiÂfied his mother's conduct.As an inducement to act in this way Curianus offered to make good the amount of Pliny's inheritance by paying it to him at a subsequent date. Pliny declined to act in the way proposed and on the ground that he was not prepared to do one thing in public - give up the inheritance - and another in private - receive the amount of the forgone inheritance again from Curianus. In any case it would be improper, thought Pliny, to make a donation to an already rich and childless person (et locupleti et orbo). The orbi or childless were, like the unmarried, limited under legislation of Augustus in what they could receive in the will of someone to whom they were not related. This would not have affected Curianus' ability to inherit in full from his mother. Pliny's point seems to be that, as Curianus would be restricted in what he could receive by way of inheritance from Pliny to whom he was not related, it would not be proper for him to receive what was in effect an inheritance at Pliny's hands even in Pliny's lifetime.
We should just note in passing that, since all this was designed to redound to Pliny's credit as a morally upright person, we should take his own account of it with as large a quantity of salt as his reputation is thought to deserve.
E.
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- CURIANUS' MOTHER'S WILL
- INTRODUCTION
- CONCLUSION
- FINAL SETTLEMENT
- THE HEARING BEFORE PLINY
- PLINY HAS COME IN FOR A LEGACY
- PLINY'S SCHEME
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