Ulpianus, On the Edict, Book XLVI. Where two wills executed at different times are produced, and each of them is sealed with the seals of seven witnesses, and the last one, having been opened, is found to be blank, that is, without any writing whatsoever, the first will is not broken for the reason that the second one is void.

The Same, On the Edict, Book XLVI. As long as an estate can be entered upon by virtue of a will, it does not descend as intestate.

Ulpianus, On the Edict, Book XLVI. Where a son, who is under the control of his father, and also a daughter were appointed heir, an emancipated brother, having been passed over, obtained possession of the estate in opposition to the will. By this means the heirs acquired the estate of their father on the ground of intestacy, and paid all the legacies. The daughter, however, did not divide her dowry with her brother, as she was held to be entitled to her share of the estate as an appointed heir.

Ulpianus, On the Edict, Book XLVI. When the proper heirs reject possession of an estate ab intestato, we hold that they offer no obstacle to the heirs-at-law, that is to say, to those to whom the estate can legally pass. The reason for this is because, by rejecting the possession of the estate in the capacity of children, they begin to be entitled to it as heirs-at-law. 1Moreover, this kind of prætorian possession not only passes to males, but also to females, and not only to freeborn persons but also to freedmen; and therefore it is common to several. For women may have either blood relatives or agnates, and freedmen may also have patrons and patronesses. 2Not only can males obtain prætorian possession of this kind, but females likewise can do so. 3Where anyone dies, and it is uncertain whether he is the head of a household or a son under paternal control, for the reason that his father, who has been captured by the enemy, is still living, or because his civil status is in suspense for some other reason, the better opinion is that prætorian possession of his estate cannot be demanded, as it is not apparent that he has died intestate, and it is uncertain whether he can make a will or not. Therefore, when his condition is ascertained beyond a doubt, prætorian possession of his estate can be demanded; not from the time when it began to be positively known that he died intestate, but when it became certain that he was the head of a household when he died. 4Moreover, this kind of prætorian possession includes everyone who can succeed to the inheritance on the ground of intestacy, whether the provision of the Twelve Tables, or some other enactment, or a decree of the Senate constitutes him an heir at law. Finally the mother, who is entitled to the succession under the Tertullian Decree of the Senate, and also the children, who, under the Orphitian Decree of the Senate, are admitted to the succession of their mother as her heirs at law, can demand prætorian possession.

Ulpianus, On the Edict, Book XLVI. This kind of prætorian possession depends entirely upon the indulgence of the Prætor, and does not derive its origin from the Civil Law, for he calls those to the possession of an estate who, under the Civil Law, cannot be admitted to the succession, that is to say, cognates. 1They are called cognates on account of their having the same birth; or, as Labeo says, because they have a common origin, so far as their birth is concerned. 2Moreover, this law refers to such cognate relationship as is not servile, for any cognation can hardly be considered servile. 3Again, the prætorian possession which is granted by this Section of the Edict includes six degrees of cognates, and two persons in the seventh, that is, the children of a male or a female cousin. 4Adoption also constitutes cognation. For anyone who is adopted becomes the cognate of those persons of whom he becomes the agnate; since whenever the rights of agnates are taken into account, we understand that those who are made cognates by adoption are included. The result is, therefore, that where a person is given in adoption, he will still retain his rights of cognation in the family of his natural father, as well as those which he obtains in his adoptive family; but he will only obtain cognation in the adoptive family with reference to those persons of whom he becomes the agnate; and he will retain the rights of cognation with all the members of his natural family. 5Moreover, he who is alone will be understood to be the next of kin among the cognates; although, strictly speaking, the next of kin is referred to as one of several. 6It is proper for us to examine the rights of the next of kin among the cognates at the time when prætorian possession of an estate is granted. 7Hence, if the nearest cognate should die while the appointed heirs were deliberating whether to accept the estate or not, the next of kin in the succession will take his place; that is to say, whoever is ascertained to have a right to the next place. 8If there is any prospect that a cognate who will be the next of kin may be born, the condition is such that it must be said that he offers an obstacle to those who follow him in the line of descent. But if the child should not be born, we must admit to the succession the person who appears to be next of kin to the said unborn child. This rule, however, should only be adopted where the child who is said to be unborn was conceived during the lifetime of him the possession of whose estate is in question; for if he should have been conceived after the death of the latter, he will offer no obstacle to the other, nor will he himself be admitted to the succession; because he was not the cognate next of kin to him in whose lifetime the unborn child was not yet in existence. 9If a woman should die while pregnant, and an operation should afterwards be performed to deliver the child, the latter is in such a position that it can obtain prætorian possession of the estate of its mother, as the nearest cognate. Since the passage of the Orphitian Decree of the Senate, the child can demand possession of the estate as heir at law, because it was in its mother’s womb at the time of her death. 10Moreover, cognates are permitted to obtain prætorian possession in regular gradation, so that those who belong to the first degree are all admitted at once. 11If a cognate should be in the hands of the enemy, at the time of the death of the person the prætorian possession of whose estate is in question, it must be said that prætorian possession of the same can be demanded by him.

Ulpianus, On the Edict, Book XLVI. That is to say the male and female cousins of the father of him whose relationship is in question, or the children of a father’s brother.

Ulpianus, On the Edict, Book XLVI. Where anyone, having a brother and a paternal uncle, dies after having made a will, and the brother then dies intestate while a condition imposed upon the appointed heir is still pending, and the condition should not afterwards be complied with, it is settled that the paternal uncle can enter upon the estates of both the deceased brothers.

The Same, On the Edict, Book XLVI. The term “masculine” frequently extends to both sexes. 1Let us see how the word “family” should be understood. And indeed, it is understood in various ways, for it has reference to both property and persons; to property, as in the Law of the Twelve Tables where it is said, “Let the next of kin on the father’s side have the estate” (familia). The term “family” also has reference to persons, as where the same law referring to a patron and his freedman says, “From this family to that.” In this instance, it is established that the law has reference to individuals. 2The term “family” has reference to every collection of persons which are connected by their own rights as individuals, or by the common bond of general relationship. We say that a family is connected by its own rights where several are either by nature or by law subjected to the authority of one; for example, the father of a family, the mother of a family, and a son and a daughter under paternal control, as well as their descendants; for instance, grandsons, granddaughters, and their successors. He is designated the father of a family who has authority over the household, and he is properly so called even if he has no son, for we do not merely consider his person, but also his right. Then we also style a minor the father of a family, when his father dies, and each of the persons who were under his control begins to have a separate household, and all obtain the title of father of a family. The same thing happens in the case of a son who is emancipated, for he also has his own family when he becomes independent. We say that the family of all the agnates is a common one, because even though the head of the household may be dead, and each of them has a separate family, still, all who were under the control of him alone are properly said to belong to the same family, as they have sprung from the same house and race. 3We are also accustomed to apply the term “family” to bodies of slaves, as we explained, according to the Edict of the Prætor, under the Title of Theft, where the Prætor mentions the family of farmers of the revenue. In this instance, all slaves are not meant, but only those are designated who were appointed for this purpose, that is to say, for the collection of taxes. In another part of the Edict all slaves are included; as in the case of unlawful assemblies, and property taken by force, and also where suit for the annulment of a contract can be brought, and the property is returned in a worse condition through the act of the purchaser or his family; and finally, in the case of the interdict Unde vi, the term family embraces not only all the slaves, but also the children. 4The word “family” also applies to all those persons, who are descended from the last father, as we say the Julian Family, referring, as it were, to persons derived from a certain origin within our memory. 5The wife is the beginning and the end of her family.

Ulpianus, On the Edict, Book XLVI. No one can transfer to another a right which he himself does not possess.