Theses ex materia successionis ab intestato

XXI.

Natural children only, born from a concubine, are excluded from the inheritance of the parent while legitimate and natural children are surviving; they are only provided with sustenance. But if these are lacking, and even a legitimate spouse, they succeed to two ounces a fractional share of an estate of the paternal substance.

XXII.

Those commonly sought of the mother only, and also of maternal ancestors, are without doubt reputed as successors.

XXIII.

Furthermore, those who have proceeded from a nefarious and incestuous union are repelled from all succession; however, by Canon equity, they must be fed by their parents.

XXIIII.

So far concerning the first order of those succeeding, namely descendants; it follows that we should also speak of the second order, of ascendants. The mother and father, if both survive and they alone exist, succeed to the deceased son by intestacy equally and in the same degree.

XXV.

Parents of a different line, that is, from the paternal and maternal side, equal in degree, even if of different number, do not succeed by heads but by lines. And this proceeds without a distinction of goods, contrary to Bartolus and others. For paternal parents are not to be preferred to maternal ones in goods brought to the deceased son from the paternal line, nor conversely.

XXVI.

But whether the father excludes the maternal grandfather when the mother of the deceased does not survive, and the mother excludes the paternal grandfather when the father does not survive, is called into doubt by some. We, however, along with the gloss, against Butrigarius Jacobus Butrigarius, 1274–1348, Italian jurist, think that with the mother dead, the father excludes the maternal grandfather, and conversely; and thus the more remote is excluded by the nearer, with the right of representation having been abolished in this order.