Passing over a Captive Son and Validity of the Will

Notes

1. §28.2.31.prpraeterit — Although identical in form to the present tense, this is interpreted as the contracted perfect tense (3rd person singular, for praeteriit) in parallel with the preceding perfect fecit. It denotes the past fact of the father passing over his son in the will.
2. §28.2.31.prcum, si in potestate esset filius, nihil ualiturum esset testamentum — The conjunction cum expresses adversity or contrast ('whereas', 'although') and governs the subjunctive. Embedded within it is a past contrary-to-fact condition (with respect to the time of making the will): 'if the son had been in his power (though in fact he was a captive), the will would have been of no effect', constructed with si + imperfect subjunctive (esset) and the active periphrastic subjunctive (ualiturum esset).