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Updated: June 14, 2025
2 and afterwards, very full provisions were made by the SC. Tertullianum, enacted in the time of the Emperor Hadrian, and relating to the melancholy succession of children by their mothers, though not by their grandmothers, whereby it was provided that a freeborn woman who had three or a freedwoman who had four children should be entitled to succeed to the goods of her children who died intestate, even though herself under paternal power; though, in this latter case, she cannot accept the inheritance except by the direction of the person in whose power she is.
7 A mother can succeed her child under the SC. Tertullianum even though the child be illegitimate.
A mother acquired full right as the old Senatus consultum Tertullianum had decreed to the property of a son or daughter who died childless ; but if she married a second time, and her son or daughter died without leaving children or grandchildren, she was expelled from all succession and distant relatives acquired the property. Justinian changed these enactments to a pronounced degree.
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