[IDEM libro sexto responsorum. ] §38.6.8.prFilius familias ut proximus cognatus patre consentiente possessionem adgnouit: quamuis per condicionem testamento datam, quod in patris potestate manserit, ab hereditate sit exclusus, tamen utiliter possessionem adgnouisse uidebitur nec in edicti sententiam incidet, quoniam possessionem secundum tabulas non adgnouit, cum inde rem habere non poterit nec in filii potestate condicio fuerit nec facile pater emancipare filium cogi poterit.
[THE SAME in the sixth book of Opinions.] A son-in-power, as the nearest cognate, with his father’s consent, applied for possession of the estate. Although he is excluded from the inheritance by a condition imposed in the will—namely, that he remain under his father's power—nevertheless he will be deemed to have effectively applied for the possession, and he will not fall under the provision of the edict, since he did not apply for possession in accordance with the will, inasmuch as he could not obtain the property therefrom, nor was the condition within the son's power, nor could the father easily be compelled to emancipate his son.