Theses ex materia successionis ab intestato

XXVII.
Brothers and sisters joined by both parents, or those joined by either one, and their children, together with the nearest ascendants in degree, are called to the inheritance of a deceased brother or sister who died without children.

XXVIII.
However, if after the death of the father and mother, the grandfather or grandmother succeeds together with the brothers and sisters, they are not excluded by them. Instead, just as the father and mother are admitted in heads per capita with the brothers, so too are the grandfather and grandmother admitted with the same.

XXIX.
Children of brothers are not admitted in heads with the ascendants and the remaining brothers and sisters joined by both parents, but they succeed in lines per stirpes. Therefore, however many exist, they are counted as one head. This applies if only the children of the brothers concur with the ascendants.

XXX.
It is well asked whether a brother related only by the father consanguineus succeeds to a brother related only by the father together with the father, and whether a brother related only by the mother vterinus succeeds together with the mother to a brother related only by the mother. We believe they do not succeed, but are excluded by the father and mother.

XXXI.
From this, that question is also resolved, that even a grandfather, or other more remote ascendants, are preferred over brothers related only by the father or only by the mother.

XXXII.
Natural parents succeed equally to their children, whom they have legitimized either by subsequent marriage, by a rescript of the prince, or by an offering to the court, just as they do to natural and legitimate ones.

B Spurijs