[PAULUS libro tertio epitomarum Alfeni digestorum. ] §5.4.9.prCum multi heredes instituti essent, ex his unus in Asia erat: eius procurator uenditionem fecit et pecuniam pro parte eius abstulerat: postea apparuerit eum qui in Asia erat antea decessisse instituto ex parte dimidia herede procuratore suo et ex parte alio.
[PAULUS, in the third book of his Epitomes of Alfenus's Digests.]\n\nWhen several heirs had been instituted, one of them was in Asia; his agent made a sale of property and had recovered the money for his share. Afterwards, it appeared that the one who was in Asia had previously died, having instituted his agent as heir to a half share and another person to the other half share.
quaesitum est, quemadmodum pecunia ex hereditate petenda esset.
It was asked how the money should be claimed from the inheritance.
responsum est ab eo, qui procurator eius fuisset, totam hereditatem, quia ex hereditate ea pecunia fuisset quae ad procuratorem ex uenditione peruenisset, petere eos oportere: et nihilo minus partem dimidiam hereditatis a coheredibus eius.
The answer was given that they ought to claim the whole inheritance from the person who had been his agent, because that money which had come to the agent from the sale was from the inheritance; and nevertheless, a half share of the inheritance from his co-heirs.
ita fore, siue omnis ea pecunia penes eum qui procurator fuisset resideret, ut omnem per iudicem ab eodem recuperarent, siue is partem dimidiam coheredi suo reddidisset, ipsum ex dimidia parte et ex dimidia coheredes eius condemnarent.
It would be so, that, whether all that money remained in the hands of the person who had been the agent, they should recover the whole from the same person through the judge, or, if he had handed over a half share to his co-heir, they should condemn him for a half share, and his co-heirs for the other half share.