# The Institutes of Gaius 3.1.48-50

Roman Law and Society, The Institutes of Gaius, 3.1.48 to 3.1.50. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/the-institutes-of-gaius/3.1.48

(45) What we have stated with reference to a patron we understand to apply as well to his son, and also to his grandson by a son, as well as to a great-grandson born to the grandson by a son. (46) The daughter of a patron, a granddaughter by a son, and a great-granddaughter by a grandson, were entitled to the same rights as the patron, under the Law of the Twelve Tables. Children of the male sex, however, are only called by the Edict to the succession, but the daughter of a patron can demand the possession of half the property of the estate of a f reedman contrary to the provisions of the will; or in case of intestacy, against an adoptive son, or wife or daughter-in-law who was in the hand of the deceased; and this was conceded by the Lex Papia on account of the woman having three children, otherwise the daughter would not have this right. (47) But where a freedwoman who had four children died testate, a daughter of the patron was entitled to an equal share with each child; this rule was not, as some authorities hold, established on account of the children, but the words of the Lex Papia state that she is entitled to an equal portion, even if the freedwoman should die intestate. If, however, a freedwoman dies after having made a will, the same right is granted the daughter of the patron as would be granted contrary to the provisions of the will of a f reedman; that is, that the male children of patrons shall be entitled to possession of half the estate in opposition to the provisions of the will; although this part of the law has been written with very little care.

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Roman Law and Society, The Institutes of Gaius. Text: The Latin Library (thelatinlibrary.com), used with permission. Changes: HTML markup removed and the text divided into reading sections by Interlinea.
License: Used with permission (https://www.thelatinlibrary.com/about.html). Source: http://thelatinlibrary.com/law/gaius.html.