[IDEM libro primo ad Urseium Ferocem. ] §28.6.32.prQui complures heredes ex disparibus partibus instituerat et in his Attium, si Attius non adierit, ceteros ex isdem partibus quibus instituerat heredes ei substituerat: deinde, si Attius non adisset, Titium coheredem eis qui substituti sunt adiecit.
[THE SAME, from the First Book on Urseius Ferox.] A person who had appointed several heirs with unequal shares, including Attius among them, had substituted the others for him as heirs in the same shares in which he had appointed them, in the event that Attius should not enter upon the inheritance. Then, he added Titius as a co-heir to those who had been substituted, in the event that Attius should not enter.
quaesitum est, quam partem is et quam ceteri habituri essent.
The question arose as to what share Titius and what share the others would have.
respondi Titium uirilem, ceteros hereditarias: ueluti si tres fuissent, Titium partem quartam Attianae partis habiturum, reliquarum partium hereditarias partes, ex quibus instituti erant, reliquos habituros esse.
I replied that Titius would have a portion equal to a head-count (a virile share), and the others would have their hereditary shares; for example, if there had been three of them, Titius would have a fourth share of Attius's portion, and the remaining ones would have, of the rest, their hereditary shares in proportion to which they had been appointed.
quod si non solum Titium, sed etiam alios adiecisset heredes, hos quidem uiriles partes habituros: ueluti si tres puta coheredes fuissent substituti, extranei duo adiecti, hos quintas partes Attianae partis, reliquos autem coheredes hereditarias partes habituros esse dixit.
But if he had added not only Titius but also other heirs, these indeed would have virile shares; for example, if, suppose, three co-heirs had been substituted, and two outsiders added, he said that these would have fifth shares of Attius's portion, while the remaining co-heirs would have their hereditary shares.