[POMPONIUS libro quarto ad Sabinum. ] §38.6.5.prSi quis ex his, quibus bonorum possessionem praetor pollicetur, in potestate parentis, de cuius bonis agitur, cum is moritur, non fuerit, ei liberisque, quos in eiusdem familia habebit, si ad eos hereditas suo nomine pertinebit neque nominatim exheredes scripti erunt, bonorum possessio eius partis datur, quae ad eum pertineret, si in potestate permansisset, ita, ut ex ea parte dimidiam habeat, reliquum liberi eius, hisque dumtaxat bona sua conferat. §38.6.5.1Sed et si filium et nepotem ex eo pater emancipauerit, filius solus ueniet ad bonorum possessionem, quamuis capitis deminutio per edictum nulli obstet.
[POMPONIUS in the fourth book on Sabinus.] If anyone of those to whom the praetor promises the possession of goods was not in the power of the parent, whose goods are in question, when that parent dies, the possession of that share which would have belonged to him if he had remained in power is given to him and to the children whom he shall have in the same family, provided that the inheritance belongs to them in their own name and they have not been disinherited by name; on the condition that he shall have a half of that share, and his children the remainder, and that he shall collate his own goods only to them. But even if a father has emancipated a son and a grandson by him, the son alone shall come to the possession of goods, although a change of status stands in the way of no one under the edict.
quin etiam hi quoque, qui in potestate numquam fuerunt nec sui heredis locum optinuerunt, uocantur ad bonorum possessionem parentium.
Nay, even those who were never in power nor obtained the position of a self-successor are called to the possession of the goods of their parents.
nam si filius emancipatus reliquerit in potestate aui nepotem, dabitur ei, qui in potestate relictus sit, patris emancipati bonorum possessio: et si post emancipationem procreauerit, ita nato dabitur aui bonorum possessio, scilicet non obstante ei patre suo. §38.6.5.2Si filius emancipatus non petierit bonorum possessionem, ita integra sunt omnia nepotibus, atque si filius non fuisset, ut quod filius habiturus esset petita bonorum possessione, hoc nepotibus ex eo solis, non etiam reliquis adcrescat.
For if an emancipated son has left a grandson in the power of the grandfather, the possession of the emancipated father's share of goods shall be given to the one who was left in power; and if he has begotten a child after emancipation, the possession of the grandfather's goods shall be given to the child so born, provided, of course, that his own father does not stand in his way. If the emancipated son has not petitioned for the possession of goods, everything is kept so intact for the grandsons, just as if the son had not existed, so that what the son would have had if he had petitioned for the possession of goods shall accrue to his own grandsons alone, and not also to the others.