De bonorum possessione furioso infanti muto surdo caeco competente
(Concerning the Prætorian Possession of Property Granted to an Insane Person, an Infant, or One Who is Dumb, Deaf, or Blind.)
1Papinianus, Questions, Book XV. Titius was substituted as the heir of an insane person. The time prescribed for demanding prætorian possession does not run either against the appointed heir, or the substitute, as long as the insane person remains in the same condition, and if the curator of one who is insane acquires possession in his name, the time fixed for making the claim by those who are aware of the facts will not run against him. For a father can demand possession in behalf of his infant child, but if he fails to do so, the child will not, for that reason, be excluded. But what must be done if the curator refuses to make the application? Will it not be more just and proper to give possession to the next of kin to prevent the property from being without an owner? If this is admitted, the substitute can be compelled to give security to all those to whom the property should be transferred, if the appointed heir should die while insane, or if, having recovered his senses, he should afterwards die before accepting the estate; for the substitute himself might die during the lifetime of the insane person, and still he would not interfere with the claims of the others, if he himself should die before acquiring the estate.
2Ulpianus, On the Edict, Book XXXIX. A person who is dumb, deaf, or blind, can obtain prætorian possession of property, if he understands what is taking place.