[PAPINIANUS libro sexto responsorum. ] §29.5.4.prQui postumos heredes instituerat, non natis postumis uxorem secundo loco scripsit heredem: cum a familia necatus diceretur, uxor diem suum obierat: heredes mulieris actiones ex constitutione sibi dari postulabant.
[PAPINIANUS, Book 6 of Opinions] A man who had instituted posthumous children as his heirs wrote his wife as heir in the second place, in the event that the posthumous children were not born. When he was said to have been killed by his household, the wife had met her end (died). The heirs of the woman demanded that the actions be granted to them in accordance with the constitution.
eos ita demum audiendos esse respondi, si mulier, quam in utero nihil gestare constabat, propter senatus consultum hereditatem adire noluit: alioquin praegnate ea defuncta nullam iniuriae querellam interuenisse.
I replied that they should only be heard if the woman, who, it was established, was carrying nothing in her womb, had refused to enter upon the inheritance on account of the senate decree; otherwise, if she had died pregnant, no complaint of injury intervened.