2.1.163 to 2.1.168

(136) Again, adopted children, as long as they remain in this condition, occupy the place of natural children; but when they have been emancipated by their adoptive father, they are not included among his children, either by the Civil Law, or by the Edict of the Prætor. (137) On the other hand, for this reason it happens that as long as they remain in the adoptive family, they are considered as strangers so far as their natural father is concerned; but if they should be emancipated by their adoptive father, they will then be in the same condition as they would have been had they been emancipated by their natural father. (138) If anyone, after having made a will, should either adopt a son, who is his own master, in an assembly of the people, or one who is under the control of his parent through the intervention of the Prætor, his testament will undoubtedly be broken, just as it would have been by the subsequent birth of a proper heir. (139) The same rule applies where, after having made a will, a wife comes into the hand of the testator, or he marries a woman who is in his hand; for in this way she takes the place of a daughter, and becomes a proper heir. (140) It makes no difference whether either of the parties adopted was appointed an heir by the will, for, so far as their disinheritance is concerned, the question would seem to be superfluous; as, at the time the will was made, they were not included in the number of proper heirs. (141) Likewise, a son who has been manumitted after the first or second sale, breaks a will previously executed; for the reason that he is restored to the authority of his father, and it makes no difference whether he was appointed an heir, or disinherited by the said will.