LIII
BOOK OF CONSTITUTIONS LIII 1. It has been permitted now for a long time as set forth and established in previous law, that if, a father being dead, his son dies without a will and the mother still lives, she shall possess the substance (usufruct) of the son's property during the rest of her life, and after her death the nearest relatives of the son coming from the father's side shall receive all those properties of which we speak. However, discussing this case more thoroughly with the nobles of our people (obtimtespopuli nostri), we direct attention to the fact that the nature of this afore-mentioned law causes no less of loss and discord than of advantage to the heirs since they disagree among themselves over the various contradictions involved in the contest. As a result, on the one hand, the slowness of acquiring inheritance gives offense, and on the other the loss of property causes anxiety. Therefore it seems more just that the bonds of the above-mentioned condition should be relaxed under circumstances whereby the case will not be delayed, but ended. 2. Therefore we order, that, just as a similar case was concluded by our decision, since the contrary decrees of the fates often shift under these circumstances, a legal division of the remaining property shall be made on an equal basis immediately between the mother of the deceased son, if there be no daughter, and his nearest relatives as we mentioned above, with the further provision that each of them may have the power according to law of doing what he pleases with the half received. For surely it is more desirable that the cases should terminate immediately to the welfare of the parties concerned rather than that anyone should gain an advantage because of any delay in point of time. ...
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