[PAPINIANUS libro quinto responsorum. ] §37.7.5.prFilius emancipatus, qui possessionem contra tabulas accipere potuit, intestati patris possessionem accepit: atque ita filia, quae mansit in potestate, cum eiusdem familiae fratre heres instituta, possessionem intestati patris errorem fratris emancipati secuta accepit.
An emancipated son, who was able to accept the possession of goods contrary to the will, accepted the possession of the intestate father; and thus the daughter, who remained in power, having been instituted as heir along with her brother of the same family, accepted the possession of the intestate father, following the error of her emancipated brother.
dotem scripto fratri conferre non cogetur, cum ea possessio frustra petita sit et filia patris uoluntatem fini uirilis partis retineat, id est ut omnes trientes habeant et bonorum possessio unde liberi fingatur pro contra tabulas esse petita.
She shall not be compelled to collate her dowry to her brother designated in the will, since that possession was sought in vain, and the daughter retains the father's will to the extent of a single share, that is, so that all of them may have one-third, and the possession of goods from the class of children is feigned to have been sought as being contrary to the will.
§37.7.5.1Filia, quae soluto matrimonio dotem conferre debuit, moram collationi fecit: uiri boni arbitratu cogetur usuras quoque dotis conferre, cum emancipatus frater etiam fructus conferat et filia partis suae fructus percipiat.
A daughter, who upon the dissolution of her marriage was bound to collate her dowry, has delayed the collation: she shall be compelled, by the judgment of a good man, to collate also the interest of the dowry, since the emancipated brother also collates the fruits, and the daughter perceives the fruits of her own share.