3.1.5 to 3.1.9

(4) Posthumous children also, who if born during the lifetime of their parent would have been under his control, are proper heirs. (5) The same rule of law is applicable to those in whose cases proof of error has been established after the death of the father under the provisions of the Lex Ælia Sentia ,or the Decree of the Senate; for, if the error had been proved during the lifetime of the father, they would have been under his control. (6) We understand that the same rule also applies to a son who, having been mancipated once or twice, is manumitted after the death of his father. (7) Therefore, when a son or a daughter, and grandchildren of both sexes by another son, are equally called to the succession, the one who is nearest in degree does not exclude the one who is more remote; for it seems to be just that grandchildren should succeed to the place and share of their father. Under the same rule, if there is a grandson or a granddaughter by a son, and great-grandchildren by a grandson, they are all called at once to the succession. (8) And, as it was decided that grandchildren and great-grandchildren of both sexes should succeed to the place of their father, it seems to be proper that the estate should be divided not per capita but per stirpes; so that the son should have half of the estate, and that two or more grandchildren by another son the remaining half; and if there should be one or two children by one son, and three or four by the other, half of the estate should belong to the two grandchildren by the son, and the other half to the three or four grandchildren by the other.