Theses de hereditatibus, quae ab intestato deferuntur

and instinct, sustenance is owed to them according to the measure of the means.

XLIX.

This we judge to be fair if necessary sustenance is not available to them from elsewhere.

ON THE SUCCESSION OF ASCENDANTS.

L.

With the first order of intestate succession completed, which is that of descendants or children, the next and second now offers itself, which is that of ascendants, that is, parents.

LI.

For with the order of mortality disturbed, the reason of compassion calls parents to the goods of children, which are almost their own.

LII.

In this succession of parents, all difference of sex and patria potestas paternal power is entirely excluded, and the prerogative of degree is observed, and those nearer in degree are always admitted.

LIII.

And if they are in an equal degree, they succeed equally, with half assigned to the paternal side and the other half to the maternal side, even if their number is unequal.

LIIII.

However, with the usufruct reserved for the father in that part which the mother succeeds to, which he had before the death of the son.

LV.

We do not establish a difference between paternal and maternal goods, but we say indefinitely that the inheritance of the deceased belongs to parents equal in degree.

LVI.

And they are preferred to those who are collateral or from the side, but not to all.