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DCCLVII (F VII, 21)

TO C. TREBATIUS TESTA (AT ROME)
(TUSCULUM, JUNE)
I have explained Silius's case to you. He has since been to see me. When I told him that in your opinion we might safely make that stipulation, "In case the praetor Q. Caepio, in accordance with his edict, has granted me possession of Turpilia's estate," 1 he remarked, that Servius's doctrine was that a will made by a party who had not the legal power of making one was no will, and Ofilius concurred. He said he had had no talk with you, and asked me to commend his cause to your care. There is no better man, my dear Testa, nor anyone more attached to me than Publius Silius, yourself however excepted.

You will therefore very much oblige me if you will go to him and volunteer your services: and if you love me, do so as soon as possible. I beg you warmly and repeatedly to do this. xvi. 7. He didn't wish it to be thought that he was going to Greece to attend the Olympic games.


1 This stipulatio or sponsio was a preliminary proceeding in the case of a dispute as to the validity of a will, The praetor allowed the parties to make a bargain—the heir named in the will took formal possession of the estate, and the party who would be heir if there was no will agreed to pay down some forfeit of money if the decision was against him. The question then nominally tried was, "had the praetor given such a decision?" Of course the real question tried was the validity of the will, which in this case turned on the question whether Turpilia had satisfied all the formal requirements for enabling a woman to make a valid will.

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