[ULPIANUS libro quadragensimo octauo ad edictum. ] §29.6.1.prQui dum captat hereditatem legitimam uel ex testamento, prohibuit testamentarium introire uolente eo facere testamentum uel mutare, diuus Hadrianus constituit denegari ei debere actiones denegatisque ei actionibus fisco locum fore.
[ULPIANUS in his forty-eighth book on the Edict.] Where a person, while seeking to obtain an inheritance either intestate or under a will, has prevented the testator, who wished to make or change a will, from entering, the Divine Hadrian ruled that actions ought to be denied to him, and that upon actions being denied to him, there would be room for the treasury.
§29.6.1.1Si dominus dolo fecerit, ne testamentum mutaretur, in quo seruus eius scriptus erat, quamuis manumissus adierit hereditatem, actiones ei denegantur, cum et liberis eius si quid fuerit datum, denegari debeat, etsi non fuerint in potestate.
If a master has acted with fraud to prevent a will from being changed, in which his slave was appointed heir, although the slave, having been manumitted, has entered upon the inheritance, actions are denied to him, since if anything has been given to his children, it ought to be denied, even if they were not in his power.
sed si legatum ei relictum sit idque restituere sit rogatus, consequens erit dicere admitti eum ad legatum, quod non ipse habuisset sed ad alium sit translaturus.
But if a legacy has been left to him, and he has been requested to restore it, the logical consequence will be to say that he is admitted to the legacy, because he would not have kept it for himself but was to transfer it to another.
§29.6.1.2Si plures heredes instituti sint et omnes dolo fecerint, quo minus testamentum mutaretur, dicendum est actiones omnibus denegari, quia omnes dolo fecerunt.
If several heirs have been appointed and all have acted with fraud to prevent the will from being changed, it must be said that actions are denied to all of them, because they all acted with fraud.