3.1.16 to 3.1.20

(15) If the deceased leaves a brother and the son of another brother, as was previously stated, the brother is to be preferred, for the reason that he is nearest in degree; but another interpretation of the law is made in the case of proper heirs. (16) If, however, no brother should survive the deceased, but there are children of more than one brother, the estate will belong to all of them; but the question arose if they were unequal in number, and one of the brothers left one or two, and the other three or four children, whether the estate shall be divided per stirpes ,as is the rule among proper heirs, or per capita . It has, however, been long since decided that the estate shall be divided per capita ; and therefore the estate shall be divided into as many portions as there are persons on both sides, so that each individual may have an equal share of the same. (17) If there is no agnate, the same Law of the Twelve Tables calls gentiles to the inheritance. Who gentiles are we explained in the First Commentary, and as we called attention to the fact that the entire law relating to gentiles had fallen into disuse, it would be superfluous in this place to discuss the point with any degree of minuteness. (18) The rules prescribed by the Law of the Twelve Tables with reference to the succession of intestate estates end here, and it is easy to understand how strict they were. (19) For as soon as children were emancipated, they had no right to the estate of their parents under this law, as they had ceased to be proper heirs.