TITLE II. CONCERNING THE LAWS OF INHERITANCE.

I.Brothers and Sisters shall Share Equally in the Inheritance of their Parents.
II.The Children shall Come First in the Order of Succession.
III.Where there are no Heirs in the Direct Line, Collateral Heirs shall Inherit the Property.
IV.Who shall Succeed to the Property of Those who have left no Written Wills, or have made no Disposition of their Possessions in the Presence of Witnesses.
V.Concerning Inheritance by Brothers and Sisters, and by such of these as are not descended from the same Parents.
VI.Where he who dies leaves Grandfathers or Grandmothers.
VII.Where he who Dies leaves Aunts.
VIII.Where he who Dies leaves Nephews.
IX.A Woman shall be entitled to a Share in an Entire Inheritance.
X.As a Woman has a Right to a Share of an Entire Inheritance, so he who is next in Succession shall Inherit the Remainder of the Property.
XI.Concerning the Inheritance of Husband and Wife, respectively.
XII.Concerning the Inheritance of Property from Clerks and Monks.
XIII.After the Death of their Mother, Children shall remain under Control of their Father; and What Disposition he shall make of their Property.
XIV.Where a Mother remains a Widow, she shall have an Equal Portion of the Inheritance with her Children; and How a Mother ought to Dispose of the Property of her Children.
XV.No Wife can lay Claim to what her Husband has Gained by the Labor of her Slaves.
XVI.Concerning such Property as the Husband and Wife, together have Accumulated during their Married Life.
XVII.In what way a Child may Inherit Property.
XVIII.How the Parents of a Child can Inherit from Him.
XIX.Concerning Posthumous Children.
XX.He who leaves no Children, has full Power to Dispose of his Property as he Pleases.

I. Brothers and Sisters shall Share Equally in the Inheritance of their Parents.

If the father or mother should die intestate, the sisters shall have the property equally with their brothers.

II. The Children shall Come First in the Order of Succession.

If a man should die intestate, his children shall stand first in the order of succession; if there are no children, the inheritance shall descend to the grandchildren; if there are no grandchildren, then the great-grandchildren shall have a right to it; and if the decedent should leave neither children nor grandchildren, nor father nor mother, then his grandfather or grandmother, should either be living, may claim the inheritance of his estate.

ANCIENT LAW.

III. Where there are no Heirs in the Direct Line, Collateral Heirs shall Inherit the Property.

When any of the above-named persons of the first or second degree, in the direct line of succession, are not living, then collateral heirs shall be sought for to inherit the property of the man who died intestate. And such persons as are only distantly related can claim nothing while nearer heirs are still living.

IV. Who shall Succeed to the Property of Those who have left no Written Wills, or have made no Disposition of their Possessions in the Presence of Witnesses.

In the case of those who die, and make no disposition of their property either by gift or by will, or do not declare their intentions in the presence of witnesses; their next of kin shall inherit from them.

V. Concerning Inheritance by Brothers and Sisters, and by such of these as are not descended from the same Parents.

Where a man leaves only brothers and sisters, they shall inherit his property, share and share alike, provided they are all children of the same father and mother. But if some should be descended from a different father or mother from the others, the inheritance shall go to the brothers and sisters having the same father and mother as the decedent. Such children as are born of different parents, but of the same mother, shall inherit the property of the mother, share and share alike. Those also who are descended from different mothers, but the same father, shall share in a like manner.

VI. Where he who Dies leaves Grandfathers or Grandmothers.

If any one should leave a paternal grandfather and grandmother, his entire property shall descend to them. So also if he should leave a paternal grandfather and maternal grandmother, they shall inherit his estate equally; and the same disposition of it shall be made, if he should leave both a paternal and a maternal grandmother. This equitable division of his estate shall apply only to such portions of it as he has acquired by his own efforts; and whatever he may have inherited from his ancestors, or his parents, shall descend to the heirs of the latter in the direct line of succession.

VII. Where he who Dies leaves Aunts.

Where the decedent dies intestate, and leaves only a paternal uncle and aunt, and a maternal uncle and aunt, they shall inherit the property in equal parts.

ANCIENT LAW.

VIII. Where he who Dies leaves Nephews.

Where the decedent does not leave any brothers or sisters, but does leave nephews and nieces; if one of them should be the son of one brother, and the others the children of another brother or sister, the inheritance shall be divided among them, share and share alike.

IX. A Woman shall be entitled to a Share in an Entire Inheritance.

A woman shall inherit, equally with her brothers, the property of their father or mother; of their grandparents, on the paternal and the maternal side, as well as of their brothers and sisters; and also any property which may be left by a paternal uncle, or a cousin, or a nephew, or a niece. For it is only just that those who are nearly related by blood, should enjoy the benefit of hereditary succession.

X. As a Woman has a Right to a Share of an Entire Inheritance, so he who is next in Succession shall Inherit the Remainder of the Property.

Women shall share all property left by relatives on the maternal side, with those in the same degree of relationship, whether they be uncles, aunts, or cousins. For those should have the inheritance who are the most nearly related to the deceased.

ANCIENT LAW.

XI. Concerning the Inheritance of Husband and Wife, respectively.

Husband and wife shall inherit from each other, respectively, when they leave no relatives nearer than the seventh degree.

XII. Concerning the Inheritance of Property from Clerks and Monks.

The church to which they are attached shall inherit the property of all clerks, monks, and other persons in orders, who have left no heirs under the seventh degree, and who have made no disposition of their estate.

XIII. After the Death of their Mother, Children shall remain under the Control of their Father; and What Disposition he shall make of their Property.

If the mother should die, the children shall remain under the control of the father. And, if she should die while her husband is still living and he should not marry again, he shall have charge of the children born of the marriage, and may retain possession of their property, with the understanding that he is not to sell, damage, or dispose of it in any way, but shall preserve it intact for the benefit of his children. But, in common with his children, he shall enjoy the income from said property, and shall be entitled to reserve from it all their necessary expenses. If, however, the father should marry again, he shall not relinquish the care of the children, because it is not just that his authority over them having been abandoned, they should be placed under the guardianship of another; but he shall still retain control over them and their property, as hereinbefore mentioned. But he must at once draw up an inventory of their property in his own hand, in the presence of a judge, or of the heirs of his deceased wife; and he must also bind himself by a written obligation, that those relatives who are legally entitled to it shall have the guardianship of the children in the case of his death; in order that none of the property of the latter may be lost, but may be protected by him, in every way, from injury or diminution in value. If the father, after having married a second time, should refuse to act as guardian of his children, then the judge shall appoint the nearest relative of the mother to take charge of them as guardian. And if either his son or daughter should marry, they shall at once receive their portion of their mother’s estate; excepting the third part, which he may reserve for himself, as authorized by law.

The father, as soon as a son or daughter has reached the age of twenty years, shall give to them half of what they are entitled to from their mother’s estate, provided that they should not have already married. The remaining half the father shall reserve for himself during his lifetime, and, after his death, it shall descend to his children. This same regulation shall apply also to grandchildren. When the father has alienated any of the aforesaid property, or has retained it beyond the time prescribed by law, everything belonging to his children by right of inheritance from their mother, shall be given to them, at once, by way of complete restitution.

ANCIENT LAW.

XIV. Where a Mother remains a Widow, she shall have an Equal Portion of the Inheritance with her Children; and How a Mother ought to Dispose of the Property of her Children.

A mother, during her lifetime, or so long as she remains a widow, shall share equally with her children in the income derived from the estate of her deceased husband. But she cannot give away, or sell, or bestow upon any of her children her share of the aforesaid property. And if the children should become aware that their mother, either through negligence, or through hatred of them, was about to dispose of any of said property, they may, at once, make application to the governor of the city, or to the judge, in order that the latter may warn their mother not to alienate such property, and only to use the income of it. She, however, shall have the right to give to her children any or all of said income, and she can unquestionably dispose of any profits derived from the same. And if it should be proved that she has alienated any of her portion, full restitution must be made therefor after her death.

After the death of the mother, whatever she received from her husband shall be equally distributed among the children, because they must not be defrauded of their paternal inheritance. If the mother should marry again, from that very day the children can claim as their own that portion of their father’s property which their mother received at his death.[20]

XV. No Wife can lay Claim to what her Husband has Gained by the Labor of her Slaves.

If the husband should acquire any property through the labor of his wife’s slaves, or in any foreign enterprise, his wife shall have no right to such property, either during his lifetime, or after his death for a husband who has control of his wife, as stated in the law of the Holy Scriptures, shall also have full authority over her slaves; and everything which he has gained by the services of the latter, or by those of his own slaves, in any undertaking, shall belong to him absolutely. And if the said slaves, while they are engaged with their master in any expedition or enterprise, should commit any wrong, or do any injury, he who brought them with him shall be responsible for their conduct, and shall make restitution, should they be found guilty. It has thus very properly been determined that, as their master profits by their labors, he should also be responsible for any damage they may cause.

THE GLORIOUS FLAVIUS RECESVINTUS, KING.

XVI. Concerning such Property as the Husband and Wife together have Accumulated during their Married Life.

When persons of equal rank marry one another, and, while living together, either increase or waste their property, where one is more wealthy than the other; they shall share in common the gains and losses, in proportion to the amount which each one holds. If the value of their possessions is the same, neither has a right to assume superiority over the other. For, it is not unusual, where such property is equal in amount, for one party, in some way, to take advantage of the other. And if it should be evident that the possessions of one exceed those of the other in value, as above stated, there shall be an apportionment of it made, showing what either shall have the right to claim after the death of the other, and what either shall have a right to dispose of to his or her children, or to heirs, or in any other way that may be desired. This provision shall apply to, and be observed in, all cases relating to the estates of both husbands and wives. The distribution and possession of other property concerning which an agreement in writing has been entered into by both parties, shall be held and enjoyed by them according to the terms of that written agreement. If the husband should acquire any property, either from strangers, or during any public expedition, or by the donation of the king, or of a patron, or of any of his friends, his children or his heirs shall have a right to claim it, and shall have absolute power to dispose of it as they wish. The same rule shall apply to women who have received gifts from any source.

XVII. In what way a Child may Inherit Property.

Ambiguity frequently produces error where a reasonable explanation is not given to elucidate a fact that is doubtful. Many persons deny that a child dead in infancy can have, at any time, a right to inherit from its parents, and we desire now to put an end to such disputes. For the origin of nature is such, that he who is born uses the senses of sight and touch before anything else. Who, therefore, can inherit any earthly possessions who died almost before he was sensible to light? And in what way can he be the possessor or property for whose control he was not destined, and who has scarcely had the use of the elements of which he was formed? And he who has hardly been blessed by the light of heaven; how can the unexpected inheritance of the world enrich him when suddenly removed by death? With what reason can he claim the rights of the living, who is more nearly associated with death than with life, and who thus quickly dying in the midst of light, has fallen back into darkness? Therefore, that the inheritance of an infant may belong to its nearest relatives, and the fact that he was living be clearly proved; and as the child had a right to eternal life, so also that it may have a right to terrestrial life; we hereby decree that no child of either sex shall inherit, unless it has been proved that it lived for the space of ten days after its birth, and shall have received the holy sacrament of baptism, so that the father or mother of the child who shall be entitled to its inheritance, may, before its death, prepare it for its entrance into heaven; and that while still living, it shall obtain the possessions of the earth with their transitory benefits. And thus, while heavenly possessions are provided for it, it shall also be permitted to acquire those of the earth; and although while dead, it cannot benefit by the things of earth, it can, at least, enjoy those of heaven.

FLAVIUS CHINTASVINTUS, KING.

XVIII. How the Parents of a Child can Inherit from Him.

Where the father is dead and the son or daughter should have lived ten days or longer, should have been baptized, and then should die; whatever either would have inherited from the estate of his or her father, may be claimed by his or her mother. And, in like manner, if the mother should die, the father shall not be entitled to the share of the deceased child, unless he be able to prove that that child has lived ten days, or longer, and has been baptized. And if neither father nor mother in whom these rights are vested, should leave any children, the entire inheritance shall be divided among the other descendants; but they shall not have the power to give to each grandchild more than the third part of the aforesaid property. And if they should wish to give any of it to the Church, or to freedmen, or to any one else, they shall have the right to dispose of only the fifth part of it in this manner, as prescribed by a former law. But where neither children nor grandchildren, nor great-grandchildren should be living, they shall have the right to make such disposition of their property as they desire.

If said parents should die intestate, then such other of their relatives as are next of kin shall be entitled to the aforesaid property. Thus, if after the death of a child, the father should inherit its estate, and should die intestate, the inheritance shall belong to those heirs who are entitled to it by law. In like manner, if the mother should inherit the estate of her deceased child, and should die intestate, all interest in that estate shall belong to her nearest heirs; on this condition, that the grandchildren of the son or daughter who died while their father and mother were living, shall inherit such a portion of the estate of their grandfather or grandmother as their own parents would have inherited had they been living. But if a son having a wife and children should die during the life of his father, before his father has given him all that he was entitled to from his estate, and his sons should also die during the life of their grandfather, the daughter-in-law shall receive only so much as the father had formerly set aside for her husband. Nor can the widow claim any more than this from her father-in-law or any of his relatives. But if the son had been living with the father, and had not yet received anything from him; the son’s widow shall then only be entitled to what she obtained as a dowry at the time of her marriage. Where the son, in obedience to his father’s wishes, permitted the latter to retain what he was entitled to from his mother’s estate, and should bequeath it at his death to his wife, or to any one else; such bequest for the benefit of the wife or of others, if made in writing, shall be valid: provided his mother did not have other sons by the same husband. If, however, other sons should be living, the provisions of the former law must be carried out.

FLAVIUS CHINTASVINTUS, KING.

XIX. Concerning Posthumous Children.

We fulfil the injunctions of the Divine Law when we provide for those who are yet unborn. Therefore, when a man cut off by death, leaves his wife pregnant, we decree that the child who is born afterwards shall share equally with those who are already born. But if he should leave no issue, and should bequeath his property to any person, the latter shall only be entitled to receive the fourth part of it. The three remaining parts shall descend, without question, to the posthumous child. Where a husband and wife before they have children, enter into a written agreement, mutually bestowing their property upon one another, and, afterwards, should have children; such a disposition of property, if their children are living, shall be void; and the children may take and hold the entire property of their parents, with the exception of the fifth part, which the parents shall have the right to dispose of otherwise. But if one of them, that is to say, either the husband or wife, before the marriage was consummated, should be proved to have made for the benefit of the other a written agreement disposing of property, it shall remain in full force; and such donation cannot, in any way, be overthrown by children subsequently born of their marriage.

THE GLORIOUS FLAVIUS CHINTASVINTUS, KING.

XX. He who leaves no Children, has full Power to Dispose of his Property as he Pleases.

Every freeborn man and woman, whether belonging to the nobility, or of inferior rank, who has no children, grandchildren, or great-grandchildren, has the unquestionable right to dispose of his or her estate at will; nor can any arrangement that either may make, be set aside by any relatives of theirs belonging either to the direct or to the collateral line. For those belonging to degrees of relationship other than the above, in the direct line, cannot, in the order of nature, receive the inheritance. Such relatives can, however, inherit from the intestate in accordance with the law which defines their rights.