[PAULUS libro quinto quaestionum. ] §24.3.44.prSi socer a genero heres institutus adierit hereditatem, quandoque mortuo patre cum herede eius filiam de dote acturam Nerua et Cato responderunt, ut est relatum apud Sextum Pomponium digestorum ab Aristone libro quinto: ibidem Aristoni consensit.
[PAULUS, Book 5 of Questions.] Nerva and Cato answered that if a father-in-law, having been appointed heir by his son-in-law, has entered upon the inheritance, whenever the father dies, the daughter will sue his heir for the dowry; as is reported in Sextus Pomponius, Book 5 of the Digests by Ariston: in that same place he agreed with Ariston.
ergo dicerem et si emancipasset pater filiam, ipsum quoque conueniri posse.
Therefore, I would say that even if the father had emancipated his daughter, he himself could also be sued.
§24.3.44.1Lucius Titius filiae suae nomine centum doti promisit Gaio Seio: inter Gaium Seium et Lucium Titium patrem mulieris conuenit, ne dos a uiro uiuo Lucio Titio id est patre mulieris, peteretur: postea culpa mariti diuortio facto solutum est matrimonium et pater mulieris decedens alios heredes instituit filia exheredata: quaero, an ab heredibus soceri maritus exigere dotem potest, cum eam mulieri redditurus est.
Lucius Titius promised one hundred as dowry to Gaius Seius on behalf of his daughter: it was agreed between Gaius Seius and Lucius Titius, the father of the woman, that the dowry should not be demanded by the husband during the lifetime of Lucius Titius, that is, the father of the woman: subsequently, the marriage was dissolved by a divorce caused by the fault of the husband, and the father of the woman, upon his death, appointed others as heirs, having disinherited his daughter: I ask whether the husband can demand the dowry from the heirs of the father-in-law, since he is to return it to the woman.
respondi: cum filia aliis a patre heredibus institutis actionem de dote sua reciperanda habere coeperit, necesse habebit maritus aut exactam dotem aut actiones ei praestare: nec ullam exceptionem habebunt soceri heredes aduersus eum, cum absurde dicitur dolo uideri eum facere, qui non ipsi quem conuenit sed alii restituturus petit: alioquin et si post mortem patris diuortisset nondum exacta dote, excluderetur exactione dotis maritus, quod non est admittendum.
I answered: since the daughter has begun to have an action to recover her dowry because others were appointed heirs by her father, the husband will be obliged either to deliver the recovered dowry or to assign his actions to her: nor will the heirs of the father-in-law have any exception against him, since it is absurdly said that he appears to act with malice who demands not to restore to the person with whom he agreed, but to another: otherwise, even if he had divorced after the death of the father before the dowry was recovered, the husband would be excluded from demanding the dowry, which is not to be allowed.
sed et si ex parte filia heres patri suo exstiterit, debebit maritus coheredes eius pro parte uirili exigere et mulieri reddere aut actiones ei praestare.
But even if the daughter becomes heir to her father for a share, the husband must demand from her co-heirs according to their respective shares and return it to the woman, or assign his actions to her.