XLIV. (243) And having given his divine directions respecting the petitions which the orphan maidens had preferred, he proceeds to lay down a more general law concerning the succession to inheritances, summoning the sons in the first instance to the sharing of the paternal property; and, if there should be no sons, then the daughters in the second place, to whom he says that it is proper to attach the inheritance as an external and adventitious ornament, but not as a possession belonging to and rightly connected with them; for that which is attached to anything has no actual relationship to that which is adorned by it, inasmuch as it is devoid of all harmony and union with it. (244) And, after the daughters, then he invites the brothers to share it in the third place; and, in the fourth place, he assigns the property to the uncles on the father’s side, showing under this figure that the fathers might, if alive be the heirs of their sons. For it is a very foolish idea to imagine that when he allots the inheritance of the nephew to his father’s brother, out of a regard to his relationship to his father, he has excluded the father himself from the succession. (245) But since the law permits the property of parents to be inherited by the children, but does not allow the parents themselves to inherit, he has abstained from any express mention of the subject as one to be deprecated and of evil omen, in order that the father and mother might not seem to receive any gain from the inconsolable affliction of the loss of children dying prematurely; but he indirectly intimated their right to be invited to such an inheritance when he conceded it to the uncles, in order that in this way he might attain the best objects of cultivating propriety and of avoiding the improper alienation of the estate. And, after the uncles, the fifth class of inheritors was to be composed of the nearest relations, to the first of whom he invariably assigns the inheritance.
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