Legal Definitions - praelegatum

A praelegatum was a specific type of gift made in a will under ancient Roman law. It referred to a legacy (a gift of property or money) designated for one of several heirs, with the crucial condition that this particular gift would be distributed to the designated heir before the remaining assets of the estate were divided among all the other heirs. Essentially, it ensured a priority distribution of a specific item or sum to a particular heir.

• Imagine a wealthy Roman citizen, Marcus, who has three children: Julia, Brutus, and Cornelia. In his will, Marcus specifies that his prized villa in Pompeii, "Villa Splendida," is to go to Julia as a praelegatum. After Marcus's death, before the rest of his extensive estate (which includes other properties, financial assets, and valuable goods) is fully inventoried and divided equally among all three children, Julia immediately receives full ownership of Villa Splendida.

  This illustrates a praelegatum because Julia, as one of the heirs, receives a specific, valuable legacy (the villa) directly and immediately, without waiting for the general division of the remaining estate among her and her siblings.

• Consider a Roman matron, Livia, who leaves her entire estate to her two nephews, Gaius and Decimus. However, Livia includes a clause in her will stating that 50,000 sesterces should be given to Gaius as a praelegatum to fund his political campaign. Upon Livia's death, Gaius receives the 50,000 sesterces directly from the estate's funds. Only after this specific payment is made are the remaining assets of Livia's estate divided equally between Gaius and Decimus.

  This demonstrates a praelegatum because Gaius, an heir, receives a specific sum of money for a particular purpose *before* the rest of the estate is distributed, ensuring he has the necessary funds without delay from the overall estate settlement process.

• A Roman scholar, Quintus, has two sons, Lucius and Titus. Quintus's will dictates that his extensive collection of rare philosophical texts is to be given to Lucius as a praelegatum. The rest of his estate, including lands, other household goods, and financial assets, is to be divided equally between Lucius and Titus. After Quintus's passing, Lucius immediately takes possession of the entire collection of texts. Subsequently, the remaining estate assets are appraised and divided between the two brothers.

  This is a praelegatum because Lucius, as an heir, receives a specific and valuable legacy (the collection of texts) *before* the general division of the remaining estate assets between him and his brother.