[ULPIANUS libro quadragensimo tertio ad edictum. ] §38.2.6.prEtsi ex modica parte instituti sint liberi liberti, bonorum possessionem contra tabulas patronus petere non potest: nam et Marcellus libro nono digestorum scripsit quantulacumque ex parte heredem institutum liberti filium patronum expellere.
[ULPIANUS from the forty-third book on the edict.] Even if the children of a freedman have been appointed heirs for a very small portion, the patron cannot petition for the possession of goods contrary to the will; for Marcellus also wrote in the ninth book of his Digests that a son of a freedman appointed heir for however small a portion excludes the patron.
§38.2.6.1Cum patroni filia heres instituta esset a liberto falsumque testamentum dictum esset, in quo scripta erat, et appellatione interposita et pendente diem suum obisset: heredibus eius diuus Marcus subuenit, ut id haberent, quod haberet patroni filia, si uiueret.
When the daughter of a patron had been appointed heir by a freedman, and the will in which she was written had been declared forged, and she died while an appeal had been interposed and was pending, the Divine Marcus came to the aid of her heirs, so that they should have what the daughter of the patron would have had if she were alive.
§38.2.6.2Si filius liberti heres ab eo institutus abstinuerit, quamuis nomine sit heres, patronus admittitur.
If a son of a freedman appointed heir by him abstains from the inheritance, although he is heir in name, the patron is admitted.
§38.2.6.3Sed et si per in integrum restitutionem is, qui mixtus est paternae hereditati uel qui adit hereditatem, abstinuerit se, poterit quis patronum admittere.
But also, if through restitution to the original condition he who had meddled with his father's inheritance or who had entered upon the inheritance should abstain, one will be able to admit the patron.
§38.2.6.4Patronus patronique liberi si secundum uoluntatem mortui liberti hereditatem adierint legatumue aut fideicommissum petere maluerint, ad contra tabulas bonorum possessionem non admittuntur.
If the patron and the children of the patron enter upon the inheritance in accordance with the will of the deceased freedman, or prefer to petition for a legacy or a fideicommissum, they are not admitted to the possession of goods contrary to the will.