cted to have an abortive delivery, there is nothing to prevent the
instituted heirs from taking the inheritance. It was immaterial
whether the female family heirs born after the making of the will were
disinherited specially or by a general clause, but if the latter mode be
adopted, some legacy must be left them in order that they may not seem
to have been passed over merely through inadvertence: but male
family heirs born after the making of the will, sons and other lineal
descendants, are held not to be properly disinherited unless they are
disinherited specially, thus: 'Be any son that shall be born to me
disinherited.'

2 With children born after the making of the will are classed children
who succeed to the place of a family heir, and who thus, by an event
analogous to subsequent birth, become family heirs to an ancestor.
For instance, if a testator have a son, and by him a grandson or
granddaughter in his power, the son alone, being nearer in degree,
has the right of a family heir, although the grandchildren are in the
testator's power equally with him. But if the son die in the testator's
lifetime, or is in some other way released from his power, the
grandson and granddaughter succeed to his place, and thus, by a kind of
subsequent birth, acquire the rights of family heirs. To prevent this
subsequent avoidance of one's will, grandchildren by a son must be
either instituted heirs or disinherited, exactly as, to secure the
original validity of a testament, a son must be either instituted or
specially disinherited; for if the son die in the testator's lifetime,
the grandson and granddaughter take his place, and avoid the will just
as if they were children born after its execution. And this disinherison
was first allowed by the lex Iunia Vallaea, which explains the form
which is to be used, and which resembles that employed in disinheriting
family heirs born after the making of a will.

3 It is not necessary, by the civil law, to either institute or
disinherit emancipated children, because they are not family heirs. But
the praetor requires all, females as well as males, unless instituted,
to be disinherited, males specially, females collectively; and if they
are neither appointed heirs nor disinherited as described, the praetor
promises them possession of goods against the will.

4 Adopted children, so long as they are in the power of their adoptive
father, are in precisely the same legal position as children born