Page:Bury J B The Cambridge Medieval History Vol 2 1913.djvu/114

86 cases the share which would have fallen to a deceased person to be taken by his children collectively.

The first claim to succeed was for descendants. Children (and, in default of them, grandchildren) excluded all ascendants and collaterals and took equal shares, whether they sprang from the same marriage or more than one, and whether the marriage was formed by regular settlements or not. A deceased child's children took his or her share among them. Any child who had had from his or her parents dowry or nuptial gift had to bring it into account as part of his or her share. If a parent was alive and had a right of usufruct in the property or part of it, that right remained.

In the next class, that is, when there is no living descendant, come the father and mother and whole brothers and sisters of the deceased. In this case the father does not retain any right of usufruct he may have. If ascendants, not excluded by nearer ascendants, as well as brothers and sisters of the whole blood are found, they all share alike (per capita). If a brother or sister has predeceased the intestate, his or her children take collectively his or her share. Of ascendants the nearer is preferred. If there are only ascendants in the same degree, the estate is divided in halves between those on the father's side and those on the mother's.

If there are neither descendants nor ascendants, brothers and sisters are preferred, the whole blood excluding the half-blood, even though the latter be nearer in degree; therefore a nephew or niece of the whole blood excludes brothers and sisters of the half-blood. If there are no brothers or sisters or children of such, either of the whole blood, or half-blood, other relations succeed according to their degree, the nearer excluding the remoter, and those of the same degree sharing per capita.

Degrees of relationship were reckoned by the number births from the one person to the common ancestor added to the number from him to the other person. Thus a nephew or uncle is in the third degree of relationship to me, a second cousin is in the sixth, there being three births from my great-grandfather to me and three also from him to my second cousin.

After all blood-relations are exhausted, the husband or wife would presumably inherit as under the old law before Justinian. A poor widow without dowry was entitled to a fourth of her husband's estate, such fourth not exceeding 100 lbs. gold.

In the case of freedmen dying intestate, children and other descendants have first claim: if there are none, then the patron and his children (531).

If presbyters, deacons, monks, or nuns, die without making a will or leaving relatives, their goods pass to the church or monastery to which they are attached, unless they are freedmen or serfs or decurions, in which cases they pass to the patron or lord or council respectively (434).

In default of any legal claimant the Crown took a deceased's estate.