Then each heir must suffer a proportionate diminution for example, if four are instituted, and a third be given to each, this would be the same as if each of the written heirs hadĭ. And, on the contrary, if several perinde habeantur ac si unusquisque heirs are instituted with such porex quarta parte scriptus fuisset. Si ex tertiis partibus heredes scripti would be divided among them in proessent et ex diverso si plures in portion to the share bequeathed to portionibus sint, tacite singulis de- each, and it would be exactly as if crescere, ut si verbi gratia quatuor ex each had had a third part assigned tertiis partibus heredes scripti sint, him. If the number of parts expressly given amounted exactly to twelve, and there was an heir instituted to whom no parts were given, as the parts given neither fell short of the as, nor broke into the dupondius, it was necessary to make some arbitrary regulation on the subject and that adopted was, that the parts expressed should be taken to be equal to those not expressed and these twelve expressed parts should cover one-half the inheritance. From this paragraph we may add one more detail of the system pursued in calculating the parts of the inheritance. It is immaterial whether the heir, whose share is not specified, hold the first, middle, or last place in the institution it is always the part not specifically given Tion left, then they whose shares are not specified take one moiety, and he or they whose shares are specified the other moiety. But, if the whole as be medius an novissimus sine parte given among those whose parts are heres scriptus sit ea enim pars data specified, and there be then no fracintelligitur, quæ vacat.
Si vero totus as com- several be instituted heirs without pletus sit, in dimidiam partem vocan- having any portion assigned them, tur, et ille vel illi omnes in alteram they will all divide this fraction bedimidiam: nec interest primus an tween them. But if the sonis expressis, si quis alius sine shares of some should be specified, parte nominatus erit, si quidem ali- and another be named heir without qua pars assi deerit, ex ea parte having any portion assigned him, he heres fiet et si plures sine parte will take the fraction that may be scripti sunt, omnes in eadem partem wanting to make up the as. division is made, the heirs clearly Partibus autem in quorumdam per- take equal portions.
For if ne, æquis partibus eos heredes esse. If several heirs be appointed, it mum partium distributio necessaria is not necessary that the testator est, si nolit testator eos ex æquis par- should specify their several shares tibus heredes esse satis enim con- unless he intends that they should stat, nullis partibus nominatis, ex not take in equal portions. Ounces semis, one-half, or six ounces septunx, seven ounces bes, contracted from bis triens, eight ounces dodrans, contracted from de quadrans, the as minus a quadrans, nine ounces dextans, contracted from de sextans, ten ounces, and deunx, eleven ounces.Ħ.