A certain Thecla, surnamed Mannus, has presented a petition to Us stating that another Thecla died leaving a girl under the age of puberty, named Sergia, who only survived her mother sixteen days, and who succumbed to the contagious disease which has recently destroyed so many people. The petitioner informed Us that she was a sister of the father of Sergia, and that Cosma, the brother of Thecla's mother, claimed the estate, and has assumed the title of heir in court. She also alleged that, after having been engaged in many controversies, she had applied to John, an advocate of the provincial bar, well versed in the laws relating to this subject, who had given her a written opinion that the estate of Sergia should be transferred to her; and that, in consequence of this, she had selected the said John as arbiter in the case, and that Cosma had, on his side, chosen Aesculapius, secretary of the Military Commander of the East. John, however, rendered a decision which was contrary to his written opinion, basing it on the law of the Emperor Theodosius, which provides that a child who is not yet seven years of age cannot claim the estate of its mother, if it did not have a guardian, and that the said estate ought to go to the relatives to whom it would have belonged if the girl who died under the age of puberty had not been called to the succession by law. John not only cited the said law, but he also ordered the petitioner to comply with his decision, and directed her to notify Aesculapius, the arbiter of Cosma. The petitioner asked Us to take into consideration the injustice of which she was the victim, and, especially, as there was a law in the Code bearing Our name, which declares that a child who can speak is qualified to claim the inheritance of its mother, and as We Ourself have enacted another law which states that where anyone entitled to an estate dies before having claimed it, or of having manifested any intention to reject it, the right to deliberation as to its acceptance is transmitted to the heirs of the deceased. The petitioner also stated that the law We have recently enacted, conferring upon agnates and cognates the same right to succession, is not applicable to this case, for the reason that it precedes its promulgation.

  Therefore, We order that if Your Glory should ascertain that these allegations are true, you must afford relief to the petitioner, and give her the benefit of Our law conferring the right to deliberation, above all, as Sergia died before the expiration of a year following the death of her mother, and you will give her the opportunity of claiming her mother's estate. For no one can say that the law of the Most Pious Theodosius, and the one which We have enacted, are conflicting, for both of them are included in the same volume, and We have expressly stated that they do not contradict each other. Our law, however, shall prevail in the present controversy, and in all others similar to it, and the one promulgated by the Most Holy Emperor Theodosius shall apply to cases where the year appointed for deliberation has been suffered to elapse. It is also clear that the measures taken by Cosma after the decision was rendered, have not availed to acquire for him any advantage or right of action.