Quibus non competit bonorum possessio
(Concerning those who are not entitled to prætorian possession of an estate.)
1 Iulianus libro vicensimo octavo digestorum. Servo meo herede instituto dolo feci, ne testamentum mutaretur, eumque postea manumisi: quaesitum est, an actiones ei denegandae essent. respondi: hic casus verbis edicti non continetur. sed aequum est, si dominus dolo fecerit, ne testamentum mutaretur, quo servus eius heres scriptus erat, quamvis manumissus adierit hereditatem, ei denegari, cum etiam emancipato filio denegetur, si pater dolo fecerit, ne testamentum mutaretur.
1 Julianus, Digest, Book XXVIII. If my slave was appointed an heir, and I fraudulently prevented the testator from changing his will, and I afterwards manumitted the slave, the question arises whether actions to recover the estate should be refused to him. I answered, that this case is not included in the terms of the Edict; it is, however, but just, if the master was guilty of fraud, to prevent the will by which a slave was appointed heir from being changed; and he, even though he was manumitted, should accept the estate, the actions should be denied him, as an action is denied an emancipated son, where his father has committed fraud in order to prevent the testator from changing his will.