THESES ON THE SUBJECT OF

SUCCESSION BY INTESTACY

THESIS I.

A large ornamental initial D.
It has pleased us, as we are about to dispute concerning succession by intestacy, to premise those things without which one cannot arrive at a perfect knowledge of this subject.

II.

We think that the cause of succession by intestacy is greater than that which arises from the cause of a will.

III.

This succession by intestacy has drawn its cause and origin primarily from nature itself, but the civil law provides its form and order.

IIII.

And we argue, contrary to Alciatus Andrea Alciato, 1492–1550, Italian jurist, that this succession by intestacy is properly called legitimate, whereas testamentary succession is not of the same nature.

V.

A person dies intestate who, while dying, did not write heirs in a will, either because he did not wish to, or because he could not, being prevented by death or hindered by law.

VI.

Hence, it has been acutely and frequently asked by interpreters whether a minor or a madman is included under the term "intestate" in the statutes. We have decided not to depart from the opinion of Bartolus Bartolus de Saxoferrato, 1313–1357, preeminent Italian legal scholar, namely, that they are also included under the appellation of intestates.

VII.

And because we know that an inheritance is also deferred by this succession, if