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Tuscarus, Nicolaus · 1589

Furthermore, after brothers and the children of brothers, all others connected from the side, whom we call Collaterals, are called to the inheritance by intestacy, according to the prerogative of degree, by head, without any regard for cognation and agnation, and with no distinction established between males and females.
However, in fiefs, the distinction between agnation and cognation is employed. For only agnates are admitted to them, excluding cognates: indeed, so that the succession of a paternal fief devolves to agnates born from the same ascendant, of the same line to infinity; but an ancient one devolves only up to the seventh degree.
Otherwise, by common law, it is confessed that the succession of transversals is included within ten degrees.
And thus far regarding those three degrees of successions: which if they all fail, although by ancient law goods were applied to the treasury and spouses were removed from all succession, yet by praetorian law it was introduced that, when the aforementioned heirs do not exist, with the treasury excluded, the husband succeeds to the wife, and the wife to the husband in full. Which was then confirmed by the Emperors.
So much so that today a wife is preferred to the beneficiary of imperial liberality: which has also been accepted regarding collegiate members, so that the spouse excludes the college. In fiefs, however, this mutual succession in no way proceeds.
But whether the same can be granted to a betrothed man and woman who have legally contracted by words of the present tense, the bride not yet known, or not yet led to the husband's house, is variously debated. We think it should be granted.
Furthermore, if the marriage is without a dowry or a gift on account of marriage, and the spouse who died first was wealthy, while the survivor