Papinianus, Questions, Book XXV. Where a guardian who is administering the affairs of a ward that has not yet reached puberty induces him to reject the estate of his father, a discussion usually arises whether an equitable action can be granted a ward after the property of his father has been sold. It is held that the action should be divided between the ward and the creditors of the father, in such a way that any deficiency in the account of the property due to the agency of the guardian shall be made up to the creditor. But whatever loss has ensued, either through the fraud or negligence of the guardian in causing his ward to wrongfully reject the estate, shall be left to the boy to be recovered by an action. The above-mentioned action undoubtedly will not lie before the ward has reached puberty, but is granted at once to the creditors.

Papinianus, Questions, Book XXV. Where the estate has been sold by the heir, a separation of it cannot legally be demanded, if there is no suspicion of fraud; for any acts performed by the heir in good faith, in the meantime, are usually considered to be legal.