Theses de hereditatibus, quae ab intestato deferuntur

he will have to act by a petitory judgment, by petition of inheritance, or by vindication of the thing.

XVIII.
The condition of an inheritance is twofold: for it is deferred either by testament or from the intestate.

XIX.
As long as an inheritance can be entered upon by testament, no one succeeds from the intestate.

XX.
An intestate is said to be he who either made no testament at all, or did not make it according to law, or that which he had made was rendered broken or void, or if no one exists as heir from it.

XXI.
This kind of succession from the intestate is distinguished by three orders: those descending, those ascending, and those standing on the transverse line collateral relatives.

XXII.
To which, by the Praetorian law, the mutual succession of husband and wife is added.

XXIII.
And finally, a place is made for the fisc the public treasury.

ON THE SUCCESSION OF DESCENDANTS.

XXIV.
The first succession, however, is that of children, with no regard had for sex, condition, or degree; except that first of all, children of the first degree are called to the inheritance per capita, but grandchildren and those further down are called into the place of the pre-deceased parent, per stirpes, among themselves and with them.

XXV.
For natural reason, like a certain silent and common law