[ULPIANUS libro quadragensimo ad edictum. ] §37.8.1.11Inter ipsum filium et liberos eius diuiditur hereditas ita, ut ipse dimidium, liberi dimidium habeant.
The inheritance is divided between the son himself and his children in such a way that he has a half, and the children have a half.
proinde pone solum esse filium emancipatum, esse et nepotes in potestate duos, neminem praeterea ex liberis: habebit emancipatus dimidiam partem hereditatis et aliam dimidiam duo nepotes, ut quadrantes ferant.
Therefore, suppose that there is only one emancipated son, and two grandchildren in potestas, and no other children: the emancipated son will have a half share of the inheritance, and the two grandchildren the other half, so that they take a quarter each.
sed si sit praeterea alius filius, eueniet, ut filius habeat dimidiam partem hereditatis, quo nepotes non sunt, alius filius semissem cum filiis suis ita, ut quadrantem hereditatis ipse ferat, quadrans inter liberos eius diuidatur.
But if there is also another son, it will happen that the son on whose side there are no grandchildren will have a half share of the inheritance, and the other son will have a half with his own children, in such a way that he himself takes a quarter of the inheritance, and a quarter is divided among his children.
sed si ambo filii sint emancipati et habeant singuli nepotes, eueniet, ut singuli singulos semisses cum nepotibus suis diuidant ita, ut ipsi quidem quadrantes ferant, nepotes autem residuos quadrantes: et si alter duos filios, alter tres habeant, quadrans unus inter duos, alius inter tres diuiditur.
But if both sons are emancipated and each has grandchildren, it will happen that each divides a half with his own grandchildren, so that they themselves take quarters, and the grandchildren the remaining quarters; and if one has two sons and the other three, one quarter is divided between the two, and the other between the three.
§37.8.1.12Si quis ex nepotibus portionem suam omiserit, eueniet, ut non ad patrem eius, sed magis ad fratrem pertineat.
If any of the grandchildren should fail to take his portion, it will happen that it belongs not to his father, but rather to his brother.
sed et si omnes nepotes omittant, patruo nihil adcrescet, sed soli patri: quod et si pater omiserit, tunc patruo adcrescet.
But even if all the grandchildren fail to take it, nothing will accrue to the uncle, but only to the father; and if the father also fails to take it, then it will accrue to the uncle.
§37.8.1.13Emancipatus filius si quidem nepotes in aui potestate non habeat, fratribus suis conferet: sed si sint nepotes, uoluit eum praetor filiis suis qui sunt in potestate solis conferre, merito, quia ueniendo ad bonorum possessionem illis solis iniuriam facit.
An emancipated son, if indeed he does not have grandchildren in the potestas of the grandfather, will collate to his own brothers; but if there are grandchildren, the praetor wished him to collate only to his own children who are in potestas, and rightly so, because by coming to the bonorum possessio he does injury to them alone.
§37.8.1.14Nunc uideamus, quantum eis conferat.
Now let us see how much he collates to them.
et quidem semper, cum fratribus emancipatus confert, uirilem sibi detrahit: utrum et in eo casu uirilem detrahat, an uero, quia dimidiam partem habeat bonorum possessionis, dimidiam partem etiam bonorum suorum conferat? et puto dimidiam tantum bonorum eis partem conferre: nam et si alius emancipatus sit filius, alius in potestate retentus, filius emancipatus his duobus nepotibus unam partem tantum conferet et patruo eorum qui in potestate mansit unam partem dabit, tertiam ipse habebit: nec quod nepotibus confertur a patruo emancipato, ipsi patri conferent: hoc enim non de bonis aui, sed propter bona postea eis accessit.
Indeed, when an emancipated son collates with his brothers, he always deducts a man's share for himself; does he also deduct a man's share in this case, or rather, because he has a half share of the bonorum possessio, does he also collate a half share of his own goods? And I think he collates only a half share of his goods to them; for even if one son is emancipated and the other retained in potestas, the emancipated son will collate only one share to these two grandchildren, and will give one share to their uncle who remained in potestas, and he himself will have a third; nor will they collate to their own father what is collated to the grandchildren by their emancipated uncle; for this accrued to them not from the goods of the grandfather, but on account of those goods afterwards.
§37.8.1.15Eueniet igitur, ut pater emancipatus si centum in bonis habeat, quinquaginta sibi detrahat, residua quinquaginta omnibus nepotibus, id est filiis suis conferat, aut si unum nepotem habeat et duos ex alio pronepotes, ita diuidat quinquaginta, ut nepos habeat uiginti quinque, pronepotes ex alio una uiginti quinque: nam et bonorum possessionis ambo unam partem habent.
It will therefore happen that if an emancipated father has one hundred in his estate, he deducts fifty for himself, and collates the remaining fifty to all the grandchildren, that is, to his own children; or if he has one grandchild and two great-grandchildren by another, he divides the fifty in such a way that the grandchild has twenty-five, and the great-grandchildren by the other together have twenty-five; for both also have one share of the bonorum possessio.
§37.8.1.16Si sit filius in potestate, alius emancipatus, ex defuncto unus nepos in potestate, alius nepos emancipatus, eleganter Scaeuola tractat, patruus emancipatus quantum nepotibus, quantum fratri suo conferat.
If there is a son in potestas and another emancipated, and of the deceased one grandchild in potestas and another grandchild emancipated, Scaevola elegantly discusses how much the emancipated uncle collates to the grandchildren, and how much to his own brother.
et ait posse dici tres eum partes facere, unam sibi, unam fratri, unam istis collaturum: quamuis hi minus quam patruus ex hereditate aui concurrente patre sint habituri: quae sententia uera est.
And he says that it can be said that he makes three shares, and will collate one to himself, one to his brother, and one to them; although these latter will have less than their uncle from the grandfather's inheritance, since their father concurs; which opinion is true.
§37.8.1.17Sed et si sint duo nepotes ex eodem filio hique emancipati sunt et ex altero eorum pronepos in potestate defuncti: partem habebit nepos unus, aliam nepos cum filio suo.
But even if there are two grandchildren by the same son, and these are emancipated, and a great-grandchild by one of them is in the potestas of the deceased: one grandchild will have one share, and the other grandchild another with his own son.
sed et si nepos et ex alio nepote defuncto duo pronepotes: unus ex pronepotibus emancipatus soli fratri suo conferat uel, si frater non est, soli patruo, non etiam patruo maiori.
But if there is a grandchild, and two great-grandchildren by another deceased grandchild: one of the great-grandchildren who is emancipated should collate only to his own brother, or if there is no brother, only to his own uncle, and not also to his great-uncle.