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The Digest of Justinian

§5.3.8.pr

Right of Intestate Heir after Complying with Void Will

This section states that a person who complied with the deceased's will while being ignorant of its legal validity is not barred from claiming the lawful inheritance.

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[PAULUS libro sexto decimo ad edictum.]

[PAULUS, in the sixteenth book on the Edict.]

§5.3.8.pr

​Legitimam hereditatem uindicare non prohibetur is qui, cum ignorabat1 uires2 testamenti, iudicium3 defuncti secutus est.

​He who, while he was ignorant of the force of the will, followed the judgment of the deceased, is not forbidden to claim the lawful inheritance.

Syntax notes3 items
  1. 5.3.8.prcum ignorabat

    The conjunction cum is accompanied by the indicative imperfect ignorabat, expressing the objective temporal or circumstantial background ("when he was ignorant of" or "although he was ignorant of") for the action in the relative clause (secutus est).

  2. 5.3.8.pruires

    Accusative plural of uīs. Here it denotes not physical strength but the "legal force" or "validity" of the will.

  3. 5.3.8.priudicium

    While typically meaning "judgment" or "trial", here it refers to the "last wish" or "intention" of the deceased (defuncti), specifically the disposition expressed in the will.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.8.pr