3.1.21 to 3.1.28

(20) The same rule applies to children who are not under the control of their father, for the reason that they, together with their father, had received Roman citizenship, and had not again been brought under his authority by the Emperor. (21) Likewise, agnates who have suffered a loss of civil rights are, under this law, not admitted to the estate, for the reason that title by agnation is extinguished by the forfeiture of civil rights. (22) Again, if the agnate next in degree should not enter on the estate, the one nearest to him is not legally admitted to the succession. (23) Females agnates who are beyond the degree of sisters by the same father, have no right to succession under this law. (24) In like manner, cognates who trace their relationship through persons of the female sex are not admitted; and, to such an extent does this rule apply, that even a mother and a son or daughter have no right reciprocally to an estate, unless by the mother having been placed in the hand of the husband by marriage, the rights of consanguinity should thereby have been established between them. (25) But these unjust provisions of the law are now corrected by the Edict of the Prætor. (26) For he calls to the succession all children whose legal title is defective, just as if they had been under the control of their father at the time of his death, whether they are alone, or there are also proper heirs; that is to say, they also come in with children who are under the control of their father. (27) He does not, however, call agnates who have suffered a loss of civil rights and are not in the second degree after proper heirs; that is, he does not call them in the same degree in which they would be called by the law if they had not forfeited their civil rights, but in the third degree of proximity; for, although by forfeiture of civil rights they have lost their legal title, they certainly retain their rights of cognation. Hence, if there is anyone else who has an unimpaired right of agnation, he will be preferred, even though he may be in a more remote degree.