The Same, On the Tertullian Decree of the Senate. If I should be charged with a trust to deliver to another person all over and above the share that I can legally take, it is established that I can also receive the said amount.

Paulus, On the Tertullian Decree of the Senate. It is considered perfectly just for all the children of the deceased to be preferred to the mother, even if they should be members of another family by adoption. 1A grandson, born to an adopted son, will exclude his mother from the succession, according to the terms of the Decree of the Senate. 2If the grandfather manumits his grandson by his son, and the former should die leaving his father, his grandfather, and his mother, it may be asked which of these is entitled to the preference? For if the mother excludes the grandfather, who was the emancipator, and who takes precedence of the father, the father of the deceased will then be admitted to the succession, by the Edict of the Prætor. This being the case, the Decree of the Senate will no longer apply, and the grandfather will again be called to the succession. It will, therefore, be more equitable to preserve the right for the grandfather, who is ordinarily entitled to prætorian possession of an estate even against the appointed heir.

The Same, On the Tertullian and Orphitian Decrees of the Senate. When anyone dies intestate, leaving a mother, and a brother, or a sister related by blood, although they are such from being arrogated, the same rights will be preserved, so far as the person of the mother is concerned, as in the case where natural children survive.

The Same, On the Tertullian Decree of the Senate. When we say that a child, who is expected to be born, is considered as already in existence, this is only true where his rights are in question, but no advantage accrues to others unless they are actually born.