[IAUOLENUS libro quarto epistularum. ] §29.2.76.prSi tu ex parte sexta sub condicione institutus fuisses heres et omittente partem suam Titio, cui substitutus eras, ex substitutione adisses, deinde condicio iure sextantis exstitisset, quaero, an adire necesse habueris, ne sextans tuus intereat.
[JAVOLENUS, from the fourth book of Letters.] If you had been appointed heir to one-sixth of the estate under a condition, and, upon Titius (to whom you had been substituted) omitting his share, you had entered upon the inheritance under the substitution, and then the condition regarding the one-sixth had been fulfilled, I ask whether it was necessary for you to enter, lest your one-sixth should be lost.
respondit: nihil interest, utrum ex substitutione prius adierim an ex prima institutione, cum ab utraque causa una aditio sufficiat: sextans itaque, qui sub condicione datus mihi est, ad me solum pertinet. §29.2.76.1Item si tu sextantis, ex quo institutus esses heres, omiseris aditionem, numquid dubitas, quin ex substitutione adeundo Titianae partis habiturus partem esses? respondit: non dubito, quin, si prima institutione adeundo heres esse possim, in potestate mea sit, quam partem hereditatis aut amittere uelim aut uindicare.
He answered: "It makes no difference whether I entered first under the substitution or under the primary institution, since a single entry is sufficient for both causes; therefore, the one-sixth which was given to me under a condition belongs to me alone." Likewise, if you should have omitted the entry upon the one-sixth of which you had been appointed heir, do you have any doubt that, by entering under the substitution, you would have a share of Titius' portion? He answered: "I have no doubt that, if by entering under the primary institution I am able to be heir, it is within my power which part of the inheritance I wish either to lose or to claim."