[SCAEUOLA libro uicesimo digestorum. ] §25.4.4.prIs a quo, si sine liberis decessisset, quidquid ad eum ex bonis peruenisset, sorori fideicommissum relictum erat, decessit postuma herede instituta et substitutis aliis: quaesitum est, cum uxor defuncti praegnatem se dicat, an sorori procuratoriue eius secundum formam edicti uentrem inspicere et partum custodire permittendum sit.
[SCAEVOLA, Digests, Book 20] A man, who was charged with a fideicommissum that, if he died without children, whatever came to him from the estate should be left to his sister, died after instituting a posthumous daughter as his heir and substituting others. Since the wife of the deceased claims that she is pregnant, the question was raised whether the sister or her procurator should be permitted, according to the form of the edict, to inspect the womb and guard the birth.
respondi in eiusmodi specie, de qua quaereretur, posse uideri ad eius, cui fideicommissum datum esset, sollicitudinem perspiciendum idque causa cognita statuendum.
I replied that, in a case of this kind concerning which the inquiry was made, it could seem that the matter ought to be inspected in view of the concern of the person to whom the fideicommissum had been given, and that this should be determined after taking cognizance of the cause.