CONCLUSION I.

INHERITANCE (which, as defined by the jurisconsult, is nothing other than succession into the entire right that the deceased possessed) is deferred by a twofold law: either by testament, which is called Testamentary; or by intestacy, which is properly and justly called Lawful original: "Legitima".

II.

There is no place for the latter cause, that is, of the intestate (concerning whom we have decided to institute the present inquiry), if any hope of the former succession, namely the testamentary, appears.

III.

A person dies intestate who either has made no testament at all, or has not made it according to law, or that which he had made has become broken or void, or if no heir exists from it.

IV.

Hence arises that doubt, and the question variously debated among the Masters of our Law, whether a ward original: "pupillus" or a madman original: "furiosus" are called intestate: as in the case, if it is provided by statute or municipal law that, when brothers or agnates original: "agnatis" (paternal kin) exist, the mother is excluded from the succession of an intestate son? We side with Bartolus against Cynus, that these are to be considered intestate, and the mother is therefore repelled.

V.

Succession by intestacy is, moreover, the lawful acquisition of an inheritance outside the case of a testament.

VI.

And it is known to everyone that this right of succeeding has been changed in many ways. Indeed, today, according to the new Constitutions referring to the Novels of Justinian, all types of succession by intestacy are recognized through three lines: of descendants, of ascendants, and of those standing on the side collaterals, who are divided between agnates and cognates original: "cognatos" (blood relatives). To these, from the Praetorian Law, is added the mutual succession of husband and wife; the final cause is the Fiscus the public treasury.

Concerning the line of descendants.

VII.

In the succession of a deceased head of a household original: "patris familias", or of a son under power, the children, if they exist, succeed, being preferred to all others, even to the parents themselves, in those matters which are not acquired for the fathers, without distinguishing sex, rights of power, or degree; although in fiefs the distinction of sex is still observed.