3.1.41 to 3.1.44

(38) There are other similar cases, some of which we have discussed in the preceding Commentaries. (39) Let us now consider the estates of freedmen. (40) Formerly, a freedman was permitted to pass over his patron in his will, with impunity, for the Law of the Twelve Tables only called a patron to the estate of his freedman, when the latter died intestate without leaving any heirs. Hence, if the freedman died intestate but left a proper heir, the patron was not entitled to any of his estate, but if he left a proper heir who was one of his natural children, no complaint could be made on this account. If, however, the proper heir was an adopted son or daughter, or a wife who was in his hand, it was evidently unjust that the patron should have no right to the estate. (41) For this reason, this injustice of the law was afterwards corrected by the Edict of the Prætor, for if a freedman made a will, he is ordered to do so in such a way as to leave half of his estate to his patron; and if he left him either nothing, or less than half, the possession of half the estate is granted to the patron in opposition to the provisions of the will. If, however, the freedman died intestate, leaving as his heir an adopted son, or a wife who was in his own hand, or a daughter-in-law who was in the hand of his son; possession of half the estate is also granted to the patron as against these proper heirs. The fact that he has natural children will, however, permit the freedman to exclude his patron from the succession, not only with reference to the children whom he has under his control at the time of his death, but also those that have been emancipated, or given in adoption; provided any of them have been appointed to shares of the estate under the will, or if, having been passed over, they have, under the Edict, demanded prætorian possession contrary to the provisions of the will; for if they have been disinherited they do not, by any means, exclude the patron.