Digestorum libri
Ex libro XXVI
Julianus, Digest, Book XXVI. If, however, my father was disinherited by his father, and I have been disinherited neither by my father nor my grandfather, and my grandfather should die, I will be entitled to the rights over the freedmen of both my grandfather and my father. But I cannot, during the lifetime of my father and as long as I remain under his control, demand prætorian possession of the estates of the freedmen of my grandfather; but if I have been emancipated, I will not be prevented from doing so.
Julianus, Digest, Book XXVI. The disinherited son of a patron, even though his own son has been appointed heir by the latter, cannot obtain prætorian possession of the estates of his father’s freedmen in opposition to the terms of the will; for although he may be the necessary heir of his father, he is not admitted to the succession by himself, but through another. And it has been positively decided that if an emancipated son is disinherited and his slave is appointed the heir, and he orders his slave to enter upon the estate, and in this way he becomes the heir of his father, he will not be entitled to prætorian possession of the estates of the freedmen of his father, contrary to the provisions of the will.
Julianus, Digest, Book XXVI. Where a freedman, with the intention of defrauding his patron, and in violation of the Decree of the Senate, lends money to a son under paternal control, the Favian Action will not be granted him; because, in this instance, the freedman should be understood to have rather donated the property for the purpose of defrauding his patron than to have left the money in violation of the Decree of the Senate.