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Tuscarus, Nicolaus · 1589

the children of him, 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.
VIII.
For women and their children are regularly removed from successions to fiefs original: "feudi", so that once excluded, they are not admitted further.
IX.
Children of the first degree succeed by heads or equally, saving the right of bringing into hotchpot original: "conferendi iure" (the obligation to pool assets); but grandchildren, or granddaughters, and those beyond them, succeed among themselves and with them by stocks.
X.
It is doubted whether a grandchild conceived after the death of the grandfather should be admitted to the succession of the grandfather's goods. It is more true that he is admitted by virtue of transmission from the person of his father, who was capable at the time of the grandfather's death; although it was once otherwise.
XI.
But whether, upon the death of the firstborn who, by statute or custom, was to be preferred to his other brothers in a kingdom, electorate, duchy, marquisate, etc., his son enjoys the same prerogative, so that he excludes his uncles, our Doctors vary. Yet we constantly assert this as commonly received and approved.
XII.
It is also asked of that [case], whether an oath, by which a father renounced an inheritance, offers any impediment to grandchildren, so that they might not succeed by stocks with their paternal or maternal uncles? We think none is offered.
XIII.
Furthermore, the right of representation in the descending line is extended to infinity; not so in the ascending [line], nor in the collateral [line]; yet with one single exception, by which, namely, brothers' children are admitted with paternal and maternal uncles.
XIV.
But if children of different marriages concur, they receive the goods of the common parent equally; however, they shall have the marriage profits of each marriage, and what their deceased parent left, as preferential.