The right of succession limited to the great-grandchild of the common ancestor.
The Gortyn law quoted above in the previous section goes on:—
v. “If (a man or woman die and) they have no children, the deceased's brothers and brother's children or grandchildren shall have the property. If there are none of these, the deceased's sisters, their children or grandchildren. If there are none of these, to whom it descends of whatever grade they be, they shall inherit the property.”
This clause takes the evidence one step further, and it is noticeable how the right of inheritance is determined by the great-grandchild of the common ancestor. In the direct line, a man's descendants [pg 057] down to his great-grandchildren inherited his estate. In dealing with inheritance through a brother of the deceased the heirship terminates with the grandchild of the brother, who would be great-grandchild of the nearest common ancestor with the previous owner of the estate. If there is no brother, the child of the cousin limits the next branch, as will be seen.
The law according to Isaeus.
Isaeus[145] describes the working of the then-existing (c. 350 B.C.) law of inheritance at Athens as follows:—
The law gives “brothers' property” (i.e. property without lineal succession) to
1. Brothers by the same father, or brother's children, for these are related to the deceased in the nearest degree;
2. Sisters by the same father, or sister's children;
3. First cousins by the father's side as far as cousin's children (δίδωσι τὴν ἀγχιστείαν ἀνεψιοῖς πρὸς πατρὸς μέχρι ἀνεψιῶν παίδων).