[ULPIANUS libro octauo decimo ad edictum. ] §9.2.15.prHuic scripturae consequens est dicere, ut, si ante aditam hereditatem occidatur legatus seruus, apud heredem remaneat Aquiliae actio per hereditatem adquisita.
[ULPIAN, from the eighteenth book on the Edict.] It follows from this writing to say that if, before the inheritance is accepted, a bequeathed slave is killed, the Aquilian action acquired through the inheritance remains with the heir.
quod si uulneratus sit ante aditam hereditatem, in hereditate quidem actio remansit, sed cedere ea legatario heredem oportet.
But if he was only wounded before the inheritance is accepted, the action indeed remains in the inheritance, but the heir must cede it to the legatee.
§9.2.15.1Si seruus uulneratus mortifere postea ruina uel naufragio uel alio ictu maturius perierit, de occiso agi non posse, sed quasi de uulnerato, sed si manumissus uel alienatus ex uulnere periit, quasi de occiso agi posse Iulianus ait.
Julian says that if a mortally wounded slave later perishes earlier by a collapse of a building, a shipwreck, or some other blow, an action cannot be brought for one killed, but only as for one wounded; but if, after being manumitted or alienated, he dies from the wound, an action can be brought as for one killed.
haec ita tam uarie, quia uerum est eum a te occisum tunc cum uulnerabas, quod mortuo eo demum apparuit: at in superiore non est passa ruina apparere an sit occisus.
These things are so and are treated so differently because it is true that he was killed by you at the very time you were wounding him, which only became apparent upon his death; whereas in the former case, the collapse did not allow it to become apparent whether he was killed.
sed si uulneratum mortifere liberum et heredem esse iusseris, deinde decesserit, heredem eius agere Aquilia non posse,
But if you have ordered a mortally wounded slave to be free and to be your heir, and he subsequently dies, his heir cannot bring an action under the Lex Aquilia,