[IDEM libro septimo ad Sabinum. ] §29.2.17.prNec is, qui non ualere testamentum aut falsum esse putat, repudiare potest.
[THE SAME in the seventh book on Sabinus.] Nor can he who thinks that a will is invalid or forged refuse the inheritance.
sed si certum sit falsum non esse, quod falsum dicitur, sicut adeundo adquirit, ita et repudiando amittit hereditatem.
But if it is certain that what is alleged to be forged is not forged, just as he acquires the inheritance by accepting it, so also does he lose it by refusing it.
H §29.2.17.1eres institutus idemque legitimus si quasi institutus repudiauerit, quasi legitimus non amittit hereditatem: sed si quasi legitimus repudiauit, si quidem scit se heredem institutum, credendus est utrumque repudiasse: si ignorat, ad neutrum ei repudiatio nocebit neque ad testamentariam, quoniam hanc non repudiauit, neque ad legitimam, quoniam nondum ei fuerat delata.
An appointed heir who is also a statutory heir, if he refuses as an appointed heir, does not lose the inheritance as a statutory heir. But if he has refused as a statutory heir, if indeed he knows that he was appointed heir, he must be believed to have refused both. If he is ignorant of this, the refusal will harm him in respect of neither, neither in respect of the testamentary inheritance, since he did not refuse this, nor in respect of the statutory inheritance, since it had not yet been offered to him.