[ULPIANUS libro octauo ad legem Iuliam et Papiam. ] §31.0.51.prSi ita quis testamento suo cauisset: 'illi quantum plurimum per legem accipere potest dari uolo', utique tunc, cum quando capere potuerit, uidetur ei relictum.
[ULPIAN, in the eighth book on the Lex Julia et Papia.] If anyone should have provided in his will as follows: "I wish to be given to him as much as he is able to take under the law," it is certain that it is deemed to have been bequeathed to him at the very time when he shall be able to take it.
sed et si dixerit: 'quam maximam partem dare possum, damnas esto heres meus ei dare', idem erit dicendum. §31.0.51.1Is cui in tempus liberorum tertia pars relicta est, utique non poterit adoptando tertiam partem consequi.
But even if he should have said: "Let my heir be bound to give him the largest share that I am able to give," the same must be said. He to whom a third part has been bequeathed pending the time of having children cannot by any means obtain that third part by adopting.