[IDEM libro primo ad Urseium Ferocem. ] §29.2.45.prAditio hereditatis non est in opera seruili.
[THE SAME, in the first book on Urseius Ferox.] The acceptance of an inheritance is not included in the services of a slave.
§29.2.45.1Idcirco si seruus dotalis adierit, actione de dote eam hereditatem mulier reciperabit, quamuis ea, quae ex operis dotalium adquiruntur, ad uirum pertineant.
Therefore, if a dotal slave has accepted an inheritance, the woman will recover that inheritance by the action on dowry, although those things which are acquired from the services of dotal slaves belong to the husband.
§29.2.45.2Et cum quaestus et compendii societas initur, quidquid ex operis suis socius adquisierit, in medium conferet: sibi autem quisque hereditatem adquirit.
And when a partnership of gain and profit is entered into, whatever a partner has acquired from his own services, he shall bring into the common fund; but everyone acquires an inheritance for himself.
§29.2.45.3Praeterea nec fructuarius quidem seruus iussu eius, qui usum fructum in eo habet, adire hereditatem poterit.
Furthermore, not even a slave subject to a usufruct will be able to accept an inheritance by the order of the person who has the usufruct in him.
§29.2.45.4Et quod a quibusdam respondetur, si liber homo, qui bona fide mihi seruiebat, propter me heres institutus erit, posse eum iussu meo adire hereditatem, potest uerum esse, ut intellegatur non opera sua mihi adquirere, sed ex re mea, sicut in stipulando et per traditionem accipiendo ex re mea mihi adquirat.
And as for the opinion given by some, that if a free man who was serving me in good faith should be appointed heir on my account, he can accept the inheritance by my order, this can be true, provided it is understood that he acquires for me not by his own services, but from my property, just as in stipulating and in receiving by delivery he acquires for me from my property.