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Updated: May 17, 2025
Nearly a year after the departure of his uncle's ship from India, all hope of his return was abandoned, and as he had left no will an official intimation was sent to the young man by John Channing's Calcutta bankers, informing him of his uncle's supposed death, and suggesting that he should either obtain a lengthened leave or resign from the service and come out to India to personally confer with them and the proper authorities as to the disposal of the dead man's property, which, as the owner had died intestate, would, of course, be inherited by his sole remaining relative.
The regulations in reference to intestate succession, and to the division of property among males and females, were wise and just; we find no laws of entail, no unequal rights, no absurd distinction between brothers, no peculiar privileges given to males over females, or to older sons. Particularly was everything pertaining to property and contracts and wills guarded with the most jealous care.
When a Roman citizen died intestate or leaving no valid Will, his descendants or kindred became his heirs according to a scale which will be presently described. The person or class of persons who succeeded did not simply represent the deceased, but, in conformity with the theory just delineated, they continued his civil life, his legal existence.
Let us now turn to the property of freedmen. If he died intestate, but left a family heir, the patron was not entitled to any portion of this property, and this, if the family heir was a natural child, seemed to be no grievance; but if he was an adoptive child, it was clearly unfair that the patron should be debarred from all right to the succession.
Dower and curtesy do not prevail; if husband or wife dies intestate, survivor takes one half of the estate, if there is only one child living or the lawful issue of one child; if there are more, survivor gets one third. If husband is unable to support family, wife must maintain him and the children. Husband is guardian of children.
Through Pietro Ghisleri she found an honest and discreet man of business, whose fortune and good name placed him above suspicion, and who arranged matters to her satisfaction, and as far to her advantage as was possible under the circumstances. Bosio had possessed a competency, which, as he died intestate, became the inheritance of his brother.
On his deathbed, the Captain had left the little he owned to his wife, and she had died intestate, as Richard had ascertained before leaving home, so that he, as eldest son, was heir to the ground. He had written to Kalliope, a letter which Alexis had opened, informing her that he had arranged to sell the houses to a Mr.
Newton believes that if he died intestate you would inherit everything." "What! would not the little boys share?" "I am not sure. But to get away from the subject, which somehow always draws me back to it, I have one bit of good news for you, my darling. I had a letter from Santley this morning. He will take my novel, and will give me a hundred and fifty pounds for it." "Really?
The indications furnished by this part of Roman Testamentary Law are of a very different kind. It is remarkable that a Will never seems to have been regarded by the Romans as a means of disinheriting a Family, or of effecting the unequal distribution of a patrimony. The rules of law preventing its being turned to such a purpose, increase in number and stringency as the jurisprudence unfolds itself; and these rules correspond doubtless with the abiding sentiment of Roman society, as distinguished from occasional variations of feeling in individuals. It would rather seem as if the Testamentary Power were chiefly valued for the assistance it gave in making provision for a Family, and in dividing the inheritance more evenly and fairly than the Law of Intestate Succession would have divided it. If this be the true reading of the general sentiment on the point, it explains to some extent the singular horror of Intestacy which always characterised the Roman. No evil seems to have been considered a heavier visitation than the forfeiture of Testamentary privileges; no curse appears to have been bitterer than that which imprecated on an enemy that he might die without a Will. The feeling has no counterpart, or none that is easily recognisable, in the forms of opinion which exist at the present day. All men at all times will doubtless prefer chalking out the destination of their substance to having that office performed for them by the law; but the Roman passion for Testacy is distinguished from the mere desire to indulge caprice by its intensity; and it has of course nothing whatever in common with that pride of family, exclusively the creation of feudalism, which accumulates one description of property in the hands of a single representative. It is probable,
As no will has been found, it has been assumed that Captain Allen died intestate. Mr. Wallingford suggests that a will may have been executed; and that a thorough search be made in order to discover if one exists.
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