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I regard, therefore, the Roman horror of Intestacy as a monument of a very early conflict between ancient law and slowly changing ancient sentiment on the subject of the Family.
3 Primarily, the rescript is applicable only where freedom is conferred by a will. How then will the case stand, if a man who dies intestate makes gifts of freedom by codicils, and on the intestacy no one accepts the inheritance? We answer, that the boon conferred by the constitution ought not here to be refused.
Second, that which the praetor promises to all duly instituted heirs, and which is for that reason called secundum tabulas. Then, having spoken of wills, the praetor passes on to cases of intestacy, in which, firstly, he gives the possession of goods which is called unde liberi to family heirs and those who in his Edict are ranked as such.
Whatever necessity there may be for the interview which Mr. Pendril requests, I can see no reason for connecting it with the question of Mr. Vanstone's presumed intestacy. But, by all means, put the question, for the satisfaction of your own mind, to Mr. Pendril himself." Miss Garth withdrew to take the course which the doctor advised. After communicating to Mr.
The operation I mean was that which the Real Estate Intestacy Bill aimed at accomplishing, and the discussion on this bill I heard in the House of Commons.
Angela did not understand these legal intricacies, and knew about as much about the law of intestacy as she did of Egyptian inscriptions. "Well," she said, consolingly, "I am very sorry, but it can't be helped, can it?" "The girl is a born fool," muttered Philip beneath his breath, and passed on.
1 Such is the substance of a rescript addressed by the Emperor Marcus to Popilius Rufus, which runs as follows: 'If there is no successor to take on the intestacy of Virginius Valens, who by his will has conferred freedom on certain of his slaves, and if, consequently, his property is in danger of being sold, the magistrate who has cognizance of such matters shall on application entertain your desire to have the property adjudged to you, in order to give effect to the bequests of liberty, direct and fiduciary, provided you give proper security to the creditors for payment of their claims in full.
In case of intestacy it would be often a real advantage to take the whole property for the State, if there were no relations within the third or fourth degree, i.e., uncles and aunts, and nephews and nieces being in the third degree, first cousins in the fourth. Economists for the last hundred years Bentham, Mill, and others have advocated such a change.
Tousey, a suit which had been appealed from the colony, and which presented much the same claim as Winthrop's. The decision in favor of Clarke was equivalent to a recognition of Connecticut's Intestacy Law.
Children too who are born after the ancestor's death, and who would have been in his power had they been born during his lifetime, are family heirs. 3 Family heirs succeed even though ignorant of their title, and they can take upon an intestacy even though insane, because whenever the law vests property in a person, even when he is ignorant of his title, it equally vests it in him if insane.
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