[IDEM libro septimo decimo responsorum. ] §49.14.9.prLucius Titius fecit heredes sororem suam ex dodrante, uxorem Maeuiam et socerum ex reliquis portionibus: eius testamentum postumo nato ruptum est, qui postumus breui et ipse decessit, atque ita omnis hereditas ad matrem postumi deuoluta est.
[THE SAME, in the seventeenth book of Responses.] Lucius Titius appointed his sister heir to three-quarters, and his wife Maevia and his father-in-law to the remaining portions; his testament was broken by the birth of a posthumous child, which posthumous child itself died shortly after, and thus the entire inheritance devolved upon the mother of the posthumous child.
soror testatoris Maeuiam ueneficii in Lucium Titium accusauit: cum non optinuisset, prouocauit: interea decessit rea: nihilo minus tamen apostoli redditi sunt.
The sister of the testator accused Maevia of poisoning Lucius Titius; when she did not prevail, she appealed; in the meantime, the defendant died; nevertheless, the dismissory letters (apostoli) were delivered.
quaero, an putes extincta rea cognitionem appellationis inducendam propter hereditatem quaesitam.
I ask whether you think that, the defendant being deceased, the trial of the appeal should be brought on account of the acquired inheritance.
Modestinus respondit morte reae crimine extincto persecutionem eorum, quae scelere adquisita probari possunt, fisco competere posse.
Modestinus replied that although the crime was extinguished by the death of the defendant, the prosecution of those things which can be proved to have been acquired by a crime can belong to the treasury.