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Updated: July 12, 2025
On the failure of the sui, the Nearest Agnate came into their place, that is, the nearest person or class of the kindred who was or might have been under the same Patria Potestas with the deceased. The third and last degree came next, in which the inheritance devolved on the gentiles, that is on the collective members of the dead man's gens or House.
If the system of archaic law at which we are looking be one which admits Adoption, we must add to the Agnate thus obtained all persons, male or female, who have been brought into the Family by the artificial extension of its boundaries. But the descendants of such persons will only be Agnates, if they satisfy the conditions which have just been described.
In Korea, for instance, he can only adopt an agnate and one of a lower generation than his own. But in Japan his choice is not so limited. In so praiseworthy an act as the perpetuation of his unimportant family line, it is deemed unwise in that progressive land to hinder him from unconsciously bettering it by the way. He is consequently permitted to adopt anybody.
12 When there are no family heirs, and none of those persons who we have said rank as such, an agnate who has lost none of his agnatic rights, even though very many degrees removed from the deceased, is usually preferred to a nearer cognate; for instance, the grandson or great-grandson of a paternal uncle has a better title than a maternal uncle or aunt.
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