[IDEM libro singulari quaestionum publice tractatarum. ] §36.1.81.prSi pupillus parenti suo heres extitit et fideicommissam hereditatis partem restituit, mox abstinetur paterna hereditate: optio deferenda est fideicommissario, ut aut portionem quoque pupilli adgnoscat aut toto discedat.
[BY THE SAME AUTHOR, from the single book of questions publicly discussed.] If a ward has become heir to his parent and has restored the trust-bequeathed part of the inheritance, and is soon after withheld from his father's inheritance: an option must be offered to the beneficiary of the trust, either to acknowledge the ward's portion as well, or to withdraw from the whole.
aut omnimodo bona uendenda sunt, ut id quod superfluum est pupillo seruetur, et, si in solidum bona uenire non possunt, omnimodo actiones fideicommissario denegandae erunt: erat enim in potestate illius uniuersum suscipere et si quid plus erit, pupillo seruare.
Or, in any case, the goods must be sold so that what is surplus may be preserved for the ward; and if the goods cannot be sold for the whole amount, in any case actions must be denied to the beneficiary of the trust: for it was in his power to undertake the whole, and, if there should be any surplus, to preserve it for the ward.