3.1.71 to 3.1.76

(65) Therefore, an emancipated son of the patron who has been passed over, although he may not demand prætorian possession of his father's estate, in opposition to the provisions of the will, is still preferred to foreign heirs, so far as the estates of Latins are concerned. (66) Moreover, a daughter and other proper heirs, although they may have been disinherited with others under the Civil Law, and entirely excluded from sharing in the estate of their father; still, in the case of the estates of Latins, unless they have been specifically disinherited by their father, they will be preferred to foreign heirs. (67) Again, the estates of Latins will, nevertheless, belong to children who have refused to accept the estate of their father, for they also can not, by any means, be said to have been disinherited, any more than those who have been passed over in silence in a will. (68) From all these examples, it is perfectly clear that if he who makes a Latin . . . . [1] (69) It also seems to be settled that if a patron has appointed his children his sole heirs to unequal shares of his estate, the property of a Latin belongs to them in the same relative proportions, for the reason that where there is no foreign heir, the Decree of the Senate becomes inoperative. (70) If a patron should appoint a foreign heir along with his children, Cælius Sabinus says that the entire estate will belong to the children of the deceased in equal shares; because when a foreign heir appears, the Lex Junia does not apply, but the Decree of the Senate does. Javolenus, however, holds that the children of the patron will, under the Decree of the Senate, only be entitled to equal shares in that portion of the property to which foreign heirs would have been entitled under the Lex Junia ,before the enactment of the Decree of the Senate; and that the remaining shares will belong to them in proportion to their interest in the estate of their father.