Paulus, On the Jurisdiction of the Septemvirs. Let us consider in what way a party may be held to have prepared his case, so that he can transmit the right of action. Let us suppose that he was under the control of the testator, so that the possession of the estate would not be necessary for him, and entrance upon the estate would be superfluous; and if he merely gave notice that he intends to make such a charge, and proceeds to serve notice, or to file the petition, he will transmit the right to prosecute the case to his heir; and this the Divine Pius stated in a Rescript with reference to the service of the papers and the notice. What course should be pursued where the party was not under the control of the deceased? Would the right of action be transmitted to his heir? If he did the things which we have mentioned above, he would seem to have properly prepared his case.

Paulus, On the Jurisdiction of the Septemvirs. Where a mother has heard a false report that her son, who was a soldier, was dead, and appointed other heirs by her will, the Divine Hadrian decreed that the estate should belong to the son on the ground that testamentary grants of freedom and bequests should be maintained. What was added with reference to grants of freedom and bequests should carefully be noted, for where a testament is decided to be inofficious, nothing it contains is valid.

Paulus, On the Jurisdiction of the Septemvirs. Where a person who has a right to attack a will is unwilling, or cannot do so, it is a matter for consideration whether he who is next in succession shall be allowed to institute proceedings for that purpose; and it has been established that he can, as succession is involved. 1With reference to the action for inofficiousness brought by children or parents, it makes no difference who may be appointed heir, whether one of the children, a stranger, or a resident of the same town. 2If I should become the heir of a party who himself was appointed heir by the will which I wish to prove to be inofficious, this fact will not bar me, especially if I do not have possession of the portion of the estate in dispute, or only hold it in my own right. 3We say that the case is different where a party left me the property which he himself had received under the will; for if I accept it I am excluded from attacking the will. 4What must be said then if I should accept the will of the testator in some other way; for example, if, after the death of my father, I write on the will that I consent to it? In this instance I am prevented from attacking it.