[IULIANUS libro quinquagensimo nono digestorum. ] §38.16.8.prItem praetor edicto suo proximitatis nomine bonorum possessionem pollicetur his, qui defuncto mortis tempore cognati fuerint.
[JULIANUS, from the fifty-ninth book of the Digests.] Likewise, the praetor in his edict promises the possession of goods on the ground of proximity to those who were cognates to the deceased at the time of his death.
nam quod in consuetudine nepotes cognati appellantur etiam eorum, post quorum mortem concepti sunt, non proprie, sed per abusionem uel potius άναφορικῶς accidit.
For the fact that in common parlance grandchildren are called the cognates even of those after whose death they were conceived occurs not in the proper sense, but by catachresis or rather retrospectively.
§38.16.8.1Si quis praegnatem uxorem reliquisset et matrem et sororem, si uiua uxore mater mortua fuisset, deinde uxor mortuum peperisset, ad sororem solam legitima hereditas pertinet, quia certum esset matrem eo tempore decessisse, quo legitima hereditas ad eam non pertinebat.
If anyone had left a pregnant wife, a mother, and a sister, and if, while the wife was alive, the mother had died, and then the wife had given birth to a dead child, the statutory inheritance belongs to the sister alone, because it was certain that the mother had died at a time when the statutory inheritance did not belong to her.