[MODESTINUS libro sexto pandectarum. ] §37.8.4.prEmancipato quis filio retinuit ex eo nepotes in potestate: filius emancipatus susceptis postea liberis decessit.
[MODESTINUS in the sixth book of the Pandects.] A certain man, having emancipated his son, retained the grandsons born of him in his power; the emancipated son, having subsequently begotten children, died.
placuit in aui potestate manentes simul cum his, qui post emancipationem nati sunt, decreto bonorum possessionem accipere, manente eo, ut, si uelit auus sibi per nepotes adquiri, bona sua conferat aut nepotes emancipet, ut sibi emolumentum paternae hereditatis adquirant: idque ita diuus Marcus rescripsit.
It was held that those remaining in the power of the grandfather should receive the possession of goods by decree together with those who were born after the emancipation, on the condition remaining that, if the grandfather wishes acquisition to be made for himself through the grandsons, he must either collate his own goods or emancipate the grandsons, so that they may acquire the benefit of their father's inheritance for themselves. And the Divine Marcus replied by rescript to this effect.