SUCCESSION AB INTESTATO (Lat., from one intestate). I. ROMAN LAW. In early Ro man law, as in early law in general, succession was governed by the organization of the family. According to the Twelve Tables the inheritance vested (1) in the sun, i.e. the members of the decedent's family, who were under his household authority. ( See PA TRIA POTESTA S. ) The sons and the unmarried daughters and the widow who had been in menu (see MARRIAGE) had equal shares. Children of a pre-deceased son received their father's share. Failing sun, the inheritance passed (2) to the nearest agnate (i.e. the nearest collateral relative in the male line). If there was no agnate the inheritance went (3) to the gens or clan. Under this system kinship gave no right except in so far as it coincided with the family organization. Emancipated sons and daughters, married daughters and their descend ants, and all cognates (relatives in the female line) were excluded from succession. On the other hand, adopted children and the wife in mann had the same rights as the other sun. In the subsequent development of the law there was a steady movement toward fuller recognition of kinship. This movement began with the prae
torian reforms at the close of the Republican period. Emancipated sons and daughters and married daughters were admitted to inherit with the sun, on condition of 'collating' (i.e. putting into hotch-pot) their separate property. Fail ing agnatic relatives, cognates were admitted; and failing cognates, the husband and wife who had established a free o• 'consistent' marriage succeeded one to the other's estate. Later Im perial legislation placed cognates and agnates on the same footing, as far as the direct line was concerned (ascendants and descendants). Jus tinian in his 118th Novel abolished all preference of agnates. Under Justinian's rules the inheri tance went ( 1) to descendants; (2) to ascend ants, brothers and sisters of the full blood and their children; (3) to brothers and sisters of the half blood and their children; (4) to the nearest collateral relative: (5) to the surviving spouse; and (0) to the fiscus. Illegitimate chil dren had no rights of succession except from the mother.