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On the succession edict. 16. If agnates or cognates of the first degree omit or repudiate the inheritance, they transmit it to the subsequent ones.
On the Carbonian edict. 17. By which, for children passed over by a father in his will, and for whom there is a controversy of status, the possession of goods is given against the documents, with the controversy of their status deferred until the time of puberty.
Whence husband and wife. 18.
On repudiating the possession of goods. 19.
On collations. 20. Emancipated and other children passed over by a father in his will call back a part of the possession of goods from the other children, both his own and the written ones. Whether they are forced to bring into the common pool those goods they had when the father died is explained here.
From civil law, those who are called heirs, and they are heirs either from testament,
On the testament of a soldier. 21. Namely, one who makes a testament by a certain singular law, when others, of whom we will speak shortly, make testaments by common law.
Who can or cannot make a testament. 22.
On testaments, and in what manner testaments are ordered. 23.
On instituting heirs, and which persons cannot be instituted as heirs. 24.
On institutions, and substitutions, and restitutions made under condition. 25.
On the substitutions of those under puberty and other substitutions. 26.
On instituting or sub-instituting necessary slaves as heirs. 27.
On children passed over and disinherited. 28.
On instituting, or passing over, or disinheriting posthumous heirs. 29.
On the right of deliberating and on entering or acquiring an inheritance. 30.
On repudiating or abstaining from an inheritance. 31.
In what manner testaments are invalidated and recorded, that is, registered. 32.
On repealing the edict of Divine Hadrian, by which it was provided that he who wished to be put into possession would give a thirtieth of the inheritance to the state, and in what manner a written heir is put into possession today. 33.
From what causes an inheritance is taken away from someone.
If someone has prevented or forced another to make a testament. 34.
On those from whom inheritances are taken away as being unworthy, such as those who did not avenge the death of the deceased, a matter which does not harm minors, and regarding the Senatus Consultum Syllanianum. 35. By which it is provided that the inheritance of someone who has been killed may not be entered until an investigation has been held regarding the slaves who, living under the same roof, did not provide aid to the master who was in danger or killed.
From codicils. 36.
From what causes an inheritance is diminished.
On legacies. 37. A legacy is a certain donation made by the deceased, to be provided by the heir.
On the signification of words and things. 38.
If, in succeeding, the cause of the testament has been omitted. 39. By the heir who preferred to possess the inheritance from intestacy or in another way, so as to avoid the burdens of the legacies; against him a useful action will be given just as if he had come from the testament.
On the imposed widowhood and the Lex Julia Miscellis, which approves legacies for that cause, to be repealed. 40.
On those things which are left in the testament or codicils by way of penalty. 41. As often as a testator asks an heir to give something to someone, it is said to be a fideicommissum trust. And they are called fideicommissa because they were contained by no bond of law but only by the sense of shame of those who were asked.
On fideicommissa. 42.
Common matters concerning legacies and fideicommissa, and on repealing the remission of those things. 43. So that today it suffices for legatees to have personal actions, actions in rem proprietary actions, and hypothecary actions.
On a false cause added to a legacy or fideicommissum. 44.
On those things which are left under the condition of a legacy or fideicommissum. 45.
On conditions inserted both in legacies and fideicommissa and manumissions. 46.
On interest and fruits of legacies or fideicommissa. 47. By which legacies and fideicommissa are accustomed to be increased.
Regarding the Senatus Consultum Trebellianum, by which universal legacies are diminished, and concerning those things which are bequeathed to uncertain persons. 48.
Regarding the Lex Falcidia. 49. By which the power of bequeathing, which was infinite by the law of the 12 Tables, is diminished, and it is provided that it is not permitted to bequeath more than three-quarters of the goods, so that whether one heir is instituted or several, a fourth part remains with them, and indeed legacies are diminished by this particular law.
On repealing caduca lapsed gifts. 50. Lapsed legacies are those which were indeed left by law and indeed to a capable person, but which after the death of the testator fall to the fiscus public treasury for some reason; they are called caduca because they fall to the treasury.
On that which pertains to children infinitely, that is, those who transmit the inheritance of the deceased testator father before the opening of the documents. 51. In the future, so that such an inheritance does not become lapsed; for the Lex Pappia wanted the day of the legacies to yield not from the death of the testator, but from the opening of the documents. And therefore by the Lex Pappia, whoever died between the death of the testator and the opening of the documents, his legacy became lapsed.
When the day of a legacy or fideicommissum yields. 52.
That one be put into possession for the cause of legacies or fideicommissa, and when satisfaction ought to be made. 53.
From intestacy. He dies intestate who either did not make a testament at all, or did not make it lawfully, or that which he had made was broken or made void; or if no one emerged as heir from it. For this cause, by civil law, inheritances are deferred to the persons who follow.
On own and legitimate children. Those are considered own heirs original: "sui heredes" who, in the power of the dying person and while the father was living, were as it were owners of the hereditary things, and regarding grandsons coming from a daughter from intestacy. 54.
Regarding the Senatus Consultum Tertullianum. 55. By which now grandmothers and mothers, even if they have not given birth three or four times, are called to the legitimate succession of their children, even those born from common union, after the brothers and sisters of the deceased son.
Regarding the Senatus Consultum Orficianum. 56. By which children succeed to their mothers and grandmothers from intestacy.