Latin
2.1.190 to 2.1.193
Roman Law and Society, Institutes of Gaius 2.1.190-193
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(160) Moreover, the prætor gives the same power to reject an estate to one in mancipium ,who has been appointed heir with the grant of freedom, although he is merely a necessary heir, and not a proper one, as is the case with a slave. (161) Others who are not subject to the control of the testator are designated foreign heirs. Therefore, children who are not under our control when appointed heirs by us, are considered as strangers, for which reason children who are appointed heirs by their mother are also included in this class because women cannot have children subject to their authority. In like manner, slaves who are appointed heirs with the grant of their freedom, and are afterwards manumitted by their owner, are included in the same class. (162) Moreover, power is granted to foreign heirs to deliberate whether they will, or will not, accept an estate. (163) If, however, one who has the power to reject an estate should interfere with the property of the same, or one who is permitted to deliberate as to whether he will enter on an estate or not, should accept it, he has no power to reject it afterwards, unless he is a minor under twenty-five years of age; for the prætor comes to the relief of persons of this age when they rashly accept an estate which is injurious to them; as in all other cases where they are deceived. I remember that the Divine Hadrian even excused a person over the age of twenty-five years, where, after he had entered on an estate, a great debt was discovered, which at the time of the acceptance of the estate was not known to exist.