Of the grandfather’s property what portion goes to the grandchildren on the death of a filiusfamilias.
(1) Filiifamilias[188] in sacris paternis cum uxore constituti, si sine diffinicione certe quantitatis bonis patris addiderit bona, que ipse habuit, cum uxore, quotcumque fuerint filii de communi substantia, etiam prediorum post contractas nuptias comparatorum, cum avo et aliis consortibus post obitum patris viriles et equales accipient porciones, (2) per priorem gradum ab aliis prediis excludendi. (3) Si vero, in mansione patris, bona, que habuit cum uxore, fuerunt diffinita, illa sola, si vivente avo pater obierit, filii, quotcumque fuerint, obtinebunt.
(1) If a filiusfamilias established with his wife in the paternal rites shall, without definition of the exact quantity, have added to property of his father property which he himself had with his wife; then, however many sons there may be, they shall, after the death of their father, receive equal shares per capita with the grandfather and other co-sharers in the common substance even of lands acquired after the marriage was contracted, (2) they having to be excluded from other lands by the prior grade. (3) But if in the mansio of his father the property which he had with his wife, had been defined, that alone, if the grandfather was alive when the father died, shall go to the sons, however many they may be.
The Danish text (I. 5) is as follows:—
Vm bondæ sun förœr kono sina j bo mœth faþœr sinum.
If a bonde’s son brings his wife into the house with his father.
(1) Far bondæ sön konu oc förær hanæ j bo mæth faþur sinum, oc aflær barn wiþær hana oc læghs æy fælegh theræ i mællin, um tha dör bondans sön, tha taki all hans börn fullan lot æftir theræ faþær æm wæl j köpæ iorth sum j bolfæ. (2) Æn af hans fæthrinis iortho fa the æy wattæ mer æn han will giuæ them. (3) læghs fælagh, tha fa the æy mer æn han atte j bo.
(1) If a bonde’s son gets a wife and brings her into the house with his father and begets a child with her and no partnership is made between them,[189] if the bonde’s son dies, then let all his children take a full lot after their father as well in land purchased as in moveables. (2) But of his [the bonde’s] father’s lands they get not a whit more than he will give them. (3) If partnership is made, then take they no more than he [their father] owned in the house.
If no arrangement on marriage wife’s property merged into the family stock.