[ULPIANUS libro quadragensimo tertio ad edictum. ] §38.2.8.prSi uero non habuit effectum petitio eius, dico non impediri, quo minus adiuuetur.
[ULPIANUS from the forty-third book on the edict.] But if his petition has had no effect, I say that he is not barred from being assisted.
quin immo et si sic adit quasi ex debita portione institutus, mox apparuit eum minorem partem quam sperauit accepisse, aequissimum est admitti eum ad suum auxilium.
On the contrary, even if he entered upon the inheritance as if appointed to his due share, and it soon appeared that he had received a smaller portion than he expected, it is most equitable that he be admitted to his remedy.
sed et si testato conuenisset heredem, ut sibi legatum solueretur, mox paenituisset, puto eum posse adiuuari.
But even if he had approached the heir on the basis of the will so that the legacy might be paid to him, and soon repented, I think he can be assisted.
§38.2.8.1Si patronus legatum sibi relictum adgnouerit idque fuerit euictum, competit ei legitimum auxilium, quia id, quod sperauit se habiturum, non habet.
If a patron has acknowledged a legacy left to him and it has been evicted, the legal remedy is available to him, because he does not have that which he expected to have.
sed et si non totum euictum sit, uerum aliquo minus habet quam putauit, erit ei subueniendum.
But even if it has not been entirely evicted, but he has something less than he expected, he must be assisted.
§38.2.8.2Si seruo uel filio suo aliquid relictum patronus adgnouerit, perinde a contra tabulas bonorum possessione repelletur atque si adgnouisset sibi relictum.
If a patron has acknowledged something left to his slave or his son, he shall be excluded from the possession of goods contrary to the will in the same manner as if he had acknowledged what was left to himself.
§38.2.8.3Sed et si mortis causa donationem adgnouerit, dicendum est repelli eum a contra tabulas bonorum possessione, sic tamen, si post mortem liberti adgnouit.
But even if he has acknowledged a gift made in contemplation of death, it must be said that he is excluded from the possession of goods contrary to the will, provided, however, that he acknowledged it after the death of the freedman.
ceterum si ei uiuus libertus donauit, ille accepit, non idcirco erit repulsus a contra tabulas bonorum possessione, quia potest dicere sperasse quod in testamento quoque gratus circa eum fieret, remittique ei debet ab eis decedere uel ea compensare in portionem pro rata.
For the rest, if the freedman made a gift to him while alive and he accepted it, he will not on that account be excluded from the possession of goods contrary to the will, because he can say that he hoped that the freedman would also show gratitude towards him in his will, and he must be allowed to withdraw from those gifts or to offset them against his portion pro rata.
§38.2.8.4Quare dicitur et si condicionis implendae causa quid fuerit datum patrono post mortem liberti, repelli eum a contra tabulas bonorum possessione, quasi adgnouerit iudicium.
Therefore, it is said that even if something was given to the patron after the death of the freedman for the sake of fulfilling a condition, he is excluded from the possession of goods contrary to the will, as if he had approved the decision.
§38.2.8.5Si patronus minor annis uiginti quinque liberti iudicium adgnouerit, in integrum restitui eum oportere existimamus, ut possit contra tabulas accipere.
If a patron under the age of twenty-five has approved the decision of the freedman, we think that he ought to be restored to his original position, so that he may receive possession contrary to the will.