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Updated: June 17, 2025


7 An external heir, whether his right accrue to him under a will or under the civil law of intestate succession, can take the inheritance either by acting as heir, or by the mere intention to accept.

Now every one is permitted to make a woman his heir if he pleases; and if he dies intestate, he who succeeds as heir at law gives it to whom he pleases. From whence it happens that although the country is able to support fifteen hundred horse and thirty thousand foot, the number does not amount to one thousand.

Captain Gordon added that the will of the late Captain Ernescliffe had made him guardian of his sons, and that he believed poor Alan had died intestate. He should therefore take upon himself the charge of young Hector, and he warmly thanked Dr. May and his family for all the kindness that the lad had received.

Woodley, was no secured against every chance or casualty to the use and enjoyment of his wife, that it not only did not pass by marriage to the new bridegroom, but she was unable to alienate or divest herself of any portion of it during life. She could, however, dispose of it by will; but in the event of her dying intestate, the whole descended to her daughter, Mary Woodley.

If the father died intestate, without leaving a lawful wife or issue, his natural children and their mother were entitled to one sixth of the succession, and the rest was divided among the lawful heirs. In the matter of contracts, the Roman law was especially comprehensive, and the laws of France and Scotland are substantially based upon the Roman system.

Under the old law, as we have seen, a son and a daughter had equal rights to intestate succession; but beyond the relationship of daughter to father or sister to brother women had no rights to intestate succession unless there were no agnates, that is, male relatives on the father's side.

If, however, a part of the inheritance, however small, or even a single thing is left them, the will cannot be impeached, but the heir must, if necessary, make up what is given them to a fourth of what they would have taken had the testator died intestate, even though the will does not direct that this fourth is to be made up by the assessment of an honest and reliable man.

And, in making this bequest, I wi sh to place it on record that I am not only expressing my own sense of Madame Lecompte's attachment and fidelity in the capacity of my housekeeper, but that I also believe myself to be executing the intentions of my deceased father, who, but for the circumstance of his dying intestate, would have left Madame Lecompte, in his will, the same token of grateful regard for her services which I now leave her in mine."

You dare not enjoy a shilling; neither can you take it with you when you die." My father had just received an intimation from a lawyer, requesting his immediate attendance in Edinburgh, where his brother had died suddenly the evening before, to make arrangements for his funeral, and look after his effects, as he believed he had died intestate.

Conversely, children were admitted to succeed their mother on her death intestate by the SC. Orfitianum, passed in the time of the Emperor Marcus, when Orfitus and Rufus were consuls: by which a statutory right of succession was conferred on both sons and daughters, even though in the power of another, in preference to their deceased mother's brothers and sisters and other agnates.

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