BŎNŌRUM COLLĀTĬO. By the strict rules of the civil law an emancipated son had no right to the inheritance of his father, whether he died testate or intestate. But, in course of time, the praetor granted to emancipated children the privilege of equal succession with those who remained in the power of the father at the time of his death; but only on condition that they should bring into one common stock with their father’s property, and for the purpose of an equal division among all the father’s children, whatever property they had at the time of the father’s death, and which would have been acquired for the father in case they had still remained in his power. This was called bonorum collatio. BŎNŌRUM EMTĬO ET EMTOR. The expression bonorum emtio applies to a sale of the property either of a living or of a dead person. It was in effect, as to a living debtor, an execution. In the case of a dead person, his property was sold when it was ascertained that there was neither heres nor bonorum possessor, nor any other person entitled to succeed to it. In the case of the property of a living person being sold, the praetor, on the application of the creditors, ordered it to be possessed (_possideri_) by the creditors for thirty successive days, and notice to be given of the sale. This explains the expression in Livy (ii. 24): “ne quis militis, donec in castris esset, bona _possideret_ aut venderet.” BŎNŌRUM POSSESSĬO was the right of suing for or retaining a patrimony or thing which belonged to another at the time of his death. The bonorum possessio was given by the edict both _contra tabulas_, _secundum tabulas_, and _intestati_. 1. An emancipated son had no legal claim on the inheritance of his father; but if he was omitted in his father’s will, or not expressly exheredated, the praetor’s edict gave him the bonorum possessio contra tabulas, on condition that he would bring into hotchpot (_bonorum collatio_) with his brethren who continued in the parent’s power, whatever property he had at the time of the parent’s death. 2. The _bonorum possessio secundum tabulas_ was that possession which the praetor gave, conformably to the words of the will, to those named in it as heredes, when there was no person intitled to make a claim against the will, or none who chose to make such a claim. 3. In the case of intestacy (_intestati_) there were seven degrees of persons who might claim the bonorum possessio, each in his order, upon there being no claim of a prior degree. The first three degrees were children, _legitimi heredes_, and _proximi cognati_. Emancipated children could claim as well as those who were not emancipated, and adoptive as well as children of the blood; but not children who had been adopted into another family. If a freedman died intestate, leaving only a wife (in manu) or an adoptive son, the patron was entitled to the bonorum possessio of one half of his property.