er connected with his grandfather by any tie of
relationship; exactly as a person adopted by an emancipated son is
not among the children of, and therefore cannot be family heir to, the
latter's father. And such persons, not being children in relation to
the inheritance, cannot apply either for possession of the goods of the
deceased as next of kin. So much for family heirs.

9 As to emancipated children, they have, by the civil law, no rights to
succeed to an intestate; for having ceased to be in the power of their
parent, they are not family heirs, nor are they called by any other
title in the statute of the Twelve Tables. The praetor, however,
following natural equity, gives them possession of the goods of the
deceased merely as children, exactly as if they had been in his power
at the time of his death, and this whether they stand alone or whether
there are family heirs as well. Consequently, if a man die leaving two
children, one emancipated, and the other in his power at the time of
his decease, the latter is sole heir by the civil law, as being the
only family heir; but through the former's being admitted to part of the
inheritance by the indulgence of the praetor, the family heir becomes
heir to part of the inheritance only.

10 Emancipated children, however, who have given themselves in adoption
are not thus admitted, under the title of children, to share the
property of their natural father, if at the time of his decease they are
in their adoptive family; though it is otherwise if they are emancipated
during his lifetime by their adoptive father, for then they are admitted
as if they had been emancipated by him and had never been in an adoptive
family, while, conversely, as regards their adoptive father, they are
henceforth regarded as strangers. If, however, they are emancipated
by the adoptive after the death of the natural father, as regards the
former they are strangers all the same, and yet do not acquire the rank
of children as regards succession to the property of the latter; the
reason of this rule being the injustice of putting it within the power
of an adoptive father to determine to whom the property of the natural
father shall belong, whether to his children or to his agnates.

11 Adoptive are thus not so well off as natural children in respect of
rights of succession: for by the indulgence of the praetor the latter
retain their rank as children even after emancipation, although they
lose it by t