3.1.10 to 3.1.15

(9) If there is no proper heir, then the estate by the same Law of the Twelve Tables belongs to the agnates. (10) Those are called agnates who are connected by lawful relationship. Lawful relationship is that which unites persons through the male sex. Therefore, brothers by the same father are agnates to those who are of the same blood, and it is not even required that they should have the same mother. Hence a paternal uncle is the agnate of the son of a brother, and vice versa . The sons of brothers are included in the same category, that is to say, those who are descended from two brothers and are usually called cousins, according to which rule also we can compute several degrees of agnates. (11) The Law of the Twelve Tables does not grant an estate to all agnates at once, but only to those who are the nearest in degree at the time when it is certain that the deceased died intestate. (12) Succession does not exist under this right of descent; therefore, if the agnates nearest in degree should fail to accept the estate, or should die before entering on it, the agnates next in degree will not legally be entitled to it. (13) Moreover, we require that agnates should be the next in degree, not at the time of death, but when it became certain that the party died intestate, because if anyone should die after having made a will, it seemed to be better to accept the agnate next in degree, when it is certain that no one will be an heir under the will. (14) With reference to women, however, it has been decided that one rule applies to the taking of estates left by them, and another to the taking of the estates of others by them. For the estates of women pass to us by the right of agnation, just as do those of males; but our estates do not belong to females who are beyond the degree of sisters by the same father. Therefore, the sister of a brother by the same father is his heir-at-law, but a father's sister and a brother's daughter cannot be the heir-at-law of one who occupies the place of a sister. A mother, or a stepmother, who passes into the hand of a father by marriage, is entitled to the same rights as a daughter.