[IDEM libro sexto responsorum. ] §29.2.86.prPannonius Auitus cum in Cilicia procuraret heres institutus ante uita decesserat, quam heredem se institutum cognosceret.
[THE SAME, from the sixth book of Opinions.] Pannonius Avitus, while serving as procurator in Cilicia, having been instituted as heir, died before he could know that he had been instituted as heir.
quia bonorum possessionem, quam procurator eius petierat, heredes Auiti ratam habere non potuerant, ex persona defuncti restitutionem in integrum implorabant, quae stricto iure non competit, quia intra diem aditionis Auitus obisset.
Because his heirs could not ratify the possession of goods which his procurator had requested, they implored for a restoration to the original condition from the person of the deceased, which does not apply under strict law, because Avitus had died within the period for accepting the inheritance.
diuum tamen Pium contra constituisse Maecianus libro quaestionum refert in eo, qui legationis causa Romae erat et filium, qui matris delatam possessionem absens amiserat, sine respectu eius distinctionis restitutionem locum habere.
However, Maecianus reports in his book of Questions that the Divine Pius decided to the contrary in the case of a person who was in Rome for the sake of an embassy and whose son, being absent, had lost the possession of goods devolved from his mother, ruling that restoration takes place without regard to that distinction.
quod et hic humanitatis gratia optinendum est.
This must also be maintained here for the sake of humanity.
§29.2.86.1Rei perduellionis hereditatem suspensa cognitione filius emancipatus, cui de patris innocentia liquet, potest quaerere.
An emancipated son, to whom the innocence of his father is clear, can acquire the inheritance of a person accused of treason while the trial is suspended.
§29.2.86.2Pro herede gessisse filium placuit, qui moriens comperto matrem suam intestato uita decessisse codicillis petit ab herede suo, ut maternorum bonorum seruum manumitteret ac sibi parentibusque suis in possessione matris monumentum exstrueret.
It was held that a son had acted as heir who, when dying, having discovered that his mother had died intestate, requested of his own heir by codicils to manumit a slave belonging to his mother's property and to erect a monument for himself and his parents on his mother's estate.