[ULPIANUS libro trigensimo nono ad edictum. ] §38.6.6.prSi pater filium emancipauerit, nepotem retinuerit, deinde filius decesserit: et rei aequitas et causa edicti, quo de bonorum possessione liberis danda cauetur, efficit, ut eius ratio habeatur et bonorum possessio intestato patris detur, ut tamen bona sorori, quae necessaria heres patri extitit, conferre cogatur auus, qui per eum bonorum possessionis emolumentum adquisiturus est: nisi forte auus iste nullum ex his fructum adquirere uult paratusque est de potestate nepotem demittere, ut ad emancipatum emolumentum omne bonorum possessionis perueniat.
[ULPIANUS in the thirty-ninth book on the edict.] If a father has emancipated a son, has retained the grandson, and then the son dies: both the equity of the matter and the purpose of the edict, which provides for giving the possession of goods to children, bring it about that he is taken into account and the possession of the goods of the intestate father is given to him; provided, however, that the grandfather, who is to acquire the benefit of the possession of goods through him, is compelled to collate the goods to the sister, who stood as a necessary heir to her father; unless by chance this grandfather wishes to acquire no fruit from this and is prepared to release the grandson from his power, so that the entire benefit of the possession of goods may go to the emancipated one.
nec idcirco soror, quae patri heres extitit, iuste queri poterit, quod eo facto a collationis commodo excluditur, cum auo quandoque intestato defuncto ad bona eius simul cum fratre possit uenire.
Nor can the sister, who stood as heir to her father, justly complain on that account that by this act she is excluded from the benefit of collation, since when the grandfather dies intestate at some time, she can come to his goods together with her brother.