[IDEM libro quarto disputationum. ] §29.2.40.prQuaesitum est, an, licet quis paternae hereditatis nihil attingat, aliquid tamen propter patris uoluntatem habeat uel faciat, an creditoribus paternis cogatur respondere: ut puta si impuberi fuerit substitutus.
[THE SAME, in the fourth book of Disputations.] The question was asked, whether, although someone does not touch anything of his father's inheritance, but nevertheless holds or does something on account of his father's will, he is compelled to answer to his father's creditors; for example, if he has been substituted for a youth under puberty.
in qua specie Iulianus libro uicesimo sexto digestorum scripsit incidere eum in edictum, si se immiscuerit impuberis hereditati: nam qui iudicium parentis oppugnauerit, non debet ex eadem hereditate quicquam consequi.
In this case, Julian wrote in the twenty-sixth book of his Digests that he falls under the Edict if he has intermeddled with the inheritance of the youth under puberty; for he who has opposed the judgment of his parent ought not to obtain anything from the same inheritance.
sed Marcellus eleganter distinguit multum interesse, utrum ex asse fuerit institutus in patris testamento an ex parte, ut, si ex parte, potuerit sine metu remota patris successione impuberis hereditatem amplecti.
But Marcellus elegantly distinguishes that it makes a great difference whether he was instituted heir to the whole estate in his father's will or only to a part, so that, if to a part, he could, without fear, accept the inheritance of the youth under puberty, while the succession to the father has been set aside.