[PAPINIANUS libro tertio quaestionum. ] §4.4.30.prSi filius emancipatus, contra tabulas non accepta possessione, post inchoatam restitutionis quaestionem, legatum ex testamento patris maior uiginti quinque annis petisset, liti renuntiare uidetur, cum et si bonorum possessionis tempus largiretur, electo iudicio defuncti repudiatum beneficium praetoris existimaretur.
[PAPINIANUS in the third book of Questions.] If an emancipated son, not having accepted possession contrary to the will, after the question of restitution had been commenced, should have claimed a legacy under the will of his father when he was over twenty-five years of age, he is deemed to have renounced the lawsuit; since, even if the time for possession of the property were still allowed, by having chosen to abide by the decision of the deceased, he would be considered to have rejected the benefit of the praetor.