Ad edictum praetoris libri
Ex libro XLIV
Paulus, On the Edict, Book XLIV. Ignorance is either of fact or of law. 1For where anyone is not aware that he to the possession of whose property he is entitled is dead, time does not run against him. Where, indeed, he is aware that his relative is dead, but he does not know that his estate belongs to him on account of his being the next of kin, or, where he is aware that he has been appointed an heir, but does not know that the Prætor grants the possession of the property of a deceased person to those who have been appointed his heirs; time will run against him because he is mistaken with respect to the law. The same rule applies where the brother of the deceased thinks that his mother has the preference. 2If anyone does not know that he is related to the deceased, sometimes he is mistaken concerning the law, and sometimes with reference to the fact; for if he is aware that he is free, and who his parents were, but does not know that he is entitled to the rights of relationship, he is mistaken as to the law. Where anyone who is a foundling does not know who his parents are, and serves another as a slave, thinking that he himself is a slave, he is mistaken rather as to the fact than as to the law. 3Moreover, where anyone knows that another is entitled to the possession of the property of an estate, but does not know that the time during which he should have taken possession of the same has elapsed, he is mistaken as to the fact. The same rule applies where he thinks that he has obtained possession of the property. Where, however, he knows that he has not claimed the estate, and that he has allowed the time to elapse, but is ignorant that he is entitled to the possession of the property on the ground of succession, time will run against him because he is mistaken with respect to the law. 4We hold the same where a man is appointed heir to an entire estate, but does not think that he has a right to demand possession of the same before the will is opened; but if he is ignorant that there is a will, he will be mistaken with reference to the fact.
Paulus, On the Edict, Book XLIV. Where anyone acts in bad faith in order to prevent the appearance of witnesses to a will, and by this means the power of making the will is lost, all rights of action shall be refused to the party responsible for the fraud, whether he is the heir-at-law, or was appointed under a former will. 1The act of a brother, however, under these circumstances, does not injure his brother. 2Where he who committed the fraudulent act was charged with the transfer of the estate, it will be forfeited with all liabilities, so that the Treasury will obtain the benefit of the Falcidian Law, and the beneficiary of the trust will receive three-fourths of the estate.
Paulus, On the Edict, Book XLIV. The knowledge of the father with reference to prætorian possession will not prejudice the rights of a son in such a way as to make the prescribed time run against him, if he is not informed.