of a son or daughter, who had predeceased, took the same share of the
succession that their parent would have done had he been alive. In
England, if all the children are dead, and only grandchildren exist,
they all take, not by families, but _per capita_, equal shares in
their own right as next of kin, and Mackenzie thinks this arrangement is
more equitable than the Roman. [Footnote: Mackenzie, p. 288] If there
were no descendants, the Roman father and mother, and other ascendants,
excluded all collaterals from the succession except brothers and sisters
of the whole blood, and the children of deceased brothers and sisters.
When ascendants stood alone, the father and mother succeeded in equal
portions, and if only one survived, he or she succeeded to the whole, so
that grandparents were excluded. If there were brothers and sisters of
the whole blood, the estate was divided among them _in capita_,
according to the number of persons, including the father and mother. The
children of a deceased brother were not admitted to the succession along
with ascendants and surviving brothers and sisters. [Footnote:
_Ibid._ 290] If a person died leaving neither ascendants nor
descendants, his brothers and sisters succeeded to his estate in equal
shares. And if the intestate left also nephews and nieces by a deceased
brother or sister, these succeeded, along with their uncles and aunts,
to the share their parent would have taken. On the failure of brothers
and sisters by the whole blood, the brother and sisters by the half
blood succeeded, and if any of these brothers and sisters have died
leaving children, the right of representation was extended to them also,
just as in the case of children of brothers-german. When husband or wife
died, without leaving relations, the survivor was called to the
succession. A widow who was poor and unprovided for had a right to share
in the succession of her deceased husband. When he left more than three
descendants, she was entitled to participate with them equally. If there
were only three or fewer, she was entitled to one fourth of the estate.