Tryphoninus, Disputations, Book XVI. For, according to a Constitution of the Divine Pius, addressed to Tuscius Fuscianus, Governor of Numidia, parents and children, who have been appointed heirs, should be protected to the amount of their full shares, just as in the case of legacies, in order that such persons may not obtain any more through their appointment as heirs than would proportionally come into the hands of one who had obtained prætorian possession of the estate contrary to the provisions of the will.

Tryphoninus, Disputations, Book XVI. The following question has arisen, namely: should he to whom a legacy has been bequeathed be included among the number of children, so that it can be paid to him by the son who has obtained prætorian possession of the estate in opposition to the terms of the will? It was decided that he must sustain this character at the time when the legacy begins to be payable.

Tryphoninus, Disputations, Book XVI. If a testator, after the emancipation of his son, has a grandson by the latter, his share of the estate of his grandfather must be preserved for him. Let us, however, see how much this will amount to. For suppose that the grandson was appointed co-heir with his uncle, and that the father of the said grandson, having been passed over in the will, should obtain prætorian possession contrary to the testamentary provisions, in accordance with the terms of the Prætorian Edict, the property of the estate would be divided into two parts. Now, however, after the Constitution of the Divine Pius has been promulgated, must that to which the grandson is entitled be his entire share, or merely a fourth? For if, after his birth, he had been under the control of his grandfather, he will be joined with his father, and both together will be entitled to half of the estate. Let us suppose that there was another grandson, descended from the same son, and belonging to the family of the grandfather, the two grandsons together would be entitled to a fourth of the estate, if their father had obtained prætorian possession in opposition to the terms of the will, and they had been under the control of their grandfather. Must he who had not been retained in the family now be permitted to receive an eighth of the estate? And who must be deprived of his share to obtain what is given him? Would it be taken only from his father, or from his uncle as well? I think it would only be taken from his uncle, for he would be compelled to pay the legacy bequeathed to the said grandson.