[ULPIANUS libro quarto decimo ad Sabinum. ] §38.4.5.prutrum portio eius, qui in ciuitate esse desiit uel repudiauit, in familiam redeat? an uero ei potius adcrescat, in cuius persona durat adsignatio? et Iulianus libro septuagensimo quinto scripsit adsignationem in huius solius persona locum habere et solum admittendum, quod est uerum.
[ULPIAN in the fourteenth book on Sabinus.] Does the share of him who has ceased to be a citizen or has rejected the inheritance return to the family? Or does it rather accrue to him in whose person the assignment continues? And Julian wrote in the seventy-fifth book that the assignment takes place in the person of this one alone and that he alone is to be admitted, which is true.
§38.4.5.1Quod si non sine liberis decesserit, an cum uiuo admittantur? et putat adhuc solum admittendum, defuncto autem eo liberos alterius succedere, non in familiam libertum redire.
But if he did not die without children, are they admitted together with the living person? And he thinks that still only that person is to be admitted, but upon his death, the children of the other succeed, and the freedman's estate does not return to the family.
§38.4.5.2Sed si ex duobus istis alter filios, alter nepotes reliquerit, an simul ad legitimam hereditatem admittantur? et puto ordinem inter eos faciendum.
But if of those two, one has left children and the other grandchildren, are they admitted at the same time to the statutory inheritance? And I think that an order of priority must be established between them.