[IULIANUS libro quinquagensimo nono digestorum. ]
[JULIANUS, from the fifty-ninth book of the Digests.] Titius, having disinherited his son, appointed an outsider as heir under a condition.
§38.16.6.prTitius exheredato filio extraneum heredem sub condicione instituit: quaesitum est, si post mortem patris pendente condicione filius uxorem duxisset et filium procreasset et decessisset, deinde condicio instituti heredis defecisset, an ad hunc postumum nepotem legitima hereditas aui pertineret.
The question was raised whether, if after the father's death, while the condition was pending, the son had married, begotten a son, and died, and then the condition of the appointed heir had failed, the statutory inheritance of the grandfather would belong to this posthumous grandson.
respondit: qui post mortem aui sui concipitur, is neque legitimam hereditatem eius tamquam suus heres neque bonorum possessionem tamquam cognatus accipere potest, quia lex duodecim tabularum eum uocat ad hereditatem, qui moriente eo, de cuius bonis quaeritur, in rerum natura fuerit,
He replied: he who is conceived after the death of his grandfather can neither receive his statutory inheritance as a self-successor nor the possession of goods as a cognate, because the Law of the Twelve Tables calls to the inheritance him who, at the time of the death of the person whose property is in question, was in existence,