Digestorum libri
Ex libro XXXIV
Dig. 29,5,26Scaevola libro trigesimo quarto digestorum. Fideicommissum, quod ex testamento fratris patruelis Gaius Seius Titio debebat, ab heredibus Seii Titius accepit: quaesitum est, cum necem Gaii Seii heredes eius non vindicaverint, an Titius nihilo minus eos heredes ut indignos accusare possit ob id, quod necem eius non vindicaverint, nec obsit ei, quod ab isdem fideicommissum ex testamento fratris patruelis consecutus sit. respondit nihil proponi, cur obstaret.
Scævola, Digest, Book XXXIV. Gaius Seius owed Titius property under a trust established by the will of his cousin, and Titius received it from the heirs of Seius. The question arose, as the heirs of Gaius Seius did not avenge his death, whether Titius could, nevertheless, accuse these heirs as being unworthy to obtain the estate, because they had not avenged his death; and whether the fact that he had received from them the trust to which he was entitled under the will of his cousin, the deceased, would not stand in his way. The answer was that, in accordance with the facts stated, there was no reason that it should be considered an obstacle.