[AFRICANUS libro quarto quaestionum. ] §37.10.8.prDecessit, quem ego filium meum et in mea potestate esse dico: existit impubes, qui eum patrem familias et ad se hereditatem pertinere dicat: decretum necessarium esse respondit.
[AFRICANUS libro quarto quaestionum.] A person has died whom I claim to be my son and under my power. A minor appears who claims that he was a paterfamilias and that the inheritance belongs to him. He answered that a decree is necessary.
§37.10.8.1Item emancipatus decessit intestato superstite filio impubere, qui se ei suum esse dicit: ego contendo ante emancipationem conceptum atque ideo in mea potestate esse et bona emancipati ad me pertinere.
Likewise, an emancipated son has died intestate, leaving a surviving minor son who claims that he is his self-successor. I contend that he was conceived before the emancipation, and therefore is under my power, and that the goods of the emancipated son belong to me.
et quidem hunc filium esse constat: sed hactenus de statu eius quaeritur, quod in potestate patris fuerit nec ne: sententia tamen edicti procul dubio ex Carboniano admittitur.
And indeed, it is established that this person is the son; but his status is questioned only to the extent of whether he was under his father's power or not. Nevertheless, the intent of the edict is undoubtedly admitted on the basis of the Carbonian edict.