[MODESTINUS libro duodecimo responsorum. ] §22.3.15.prQuidam quasi ex Seia susceptus a Gaio Seio, cum Gaius fratres haberet, hereditatem Gaii inuasit et fratribus eiusdem quasi ex mandatu defuncti fideicommissa soluit.
[MODESTINUS, in the twelfth book of Responses.] A certain man, as if born of Seia and acknowledged by Gaius Seius, although Gaius had brothers, seized the inheritance of Gaius, and paid trust-bequests to the brothers of the same as if by the instruction of the deceased.
cautionem accepit: qui postea cognito, quod filius fratris eorum non fuisset, quaerebant, an cum eo de hereditate fratris possint, propter emissam manum ab eis quasi filio, agere.
He received a written acknowledgment of receipt. Later, having learned that he had not been the son of their brother, the brothers asked whether, despite the document signed and delivered by them as if to a son, they could bring an action against him concerning their brother's inheritance.
Modestinus respondit cautione exsoluti fideicommissi statum eius, qui probari potest a fratribus defuncti filius mortui non esse, minime confirmatum esse: sed hoc ipsum a fratribus probari debet.
Modestinus replied that by the acknowledgment of the paid trust-bequest, the status of him who can be proved by the brothers of the deceased not to be the son of the dead man is by no means confirmed; but this very fact must be proved by the brothers.