CHAP. VII. Precedents of Guardians and Minority CHAP. VIII. Precedents of Slavery, CHAP. IX. Precedents of Endowments, .... CHAP. X. Precedents of Debts and Securities,.... CHAP. XI. Precedents of Claims and Judicial matters,.... 358 OF Moohummudan Law RELATIVE TO INHERITANCE, CONTRACTS, AND MISCELLANEOUS SUBJECTS. CHAPTER I. PRINCIPLES OF INHERITANCE, SECTION I. General Rules. all kinds in. 1. THERE is no distinction between real and personal, Property of nor between ancestrel and acquired property, in the heritable Moohumamudan Law of Inheritance. without distinction. 2. Primogeniture confers no superior right. All the Of Primoge sons, whatever their number, inherit equally. niture.' 3. The share of a daughter is half the share of a son, of the right whenever they inherit together. of a daughter, with a son. 4. A will made in favour of one son, or of one heir, Of legacies in favour of cannot take effect to the prejudice and without the con- heirs. sent of the other sons, or the other heirs. 5. Debts are claimable before legacies, and legacies of debts and (which however cannot exceed one-third of the testator's legacies. estate) must be paid before the inheritance is distributed. 6. Slavery, homicide, difference of religion and dif- Causes of ex ference of allegiance, exclude from inheritance. clusion from inheritance. 7. But persons not professing the Moohummudan Exceptions. faith may be heirs to those of their own persuasion, and B Simultaneous succession of heirs. in the case of persons who are of the Moohummudan faith, difference of allegiance does not exclude from inheritance. 8. To the estate of a deceased person, a plurality of a plurality or persons having different relations to the deceased, may succeed simultaneously, according to their respectively allotted shares, and inheritance may partly ascend lineally, and partly descend lineally at the same time. No right by representation. Sons, son's sons &c. have to the number of the other heirs. 9. The son of a person deceased shall not represent such person if he died before his father. He shall not stand in the same place as the deceased would have done had he been living, but shall be excluded from the inheritance, if he have a paternal uncle. For instance, A, B and C are grandfather, father and son. The father B dies in the life-time of the grandfather A. In this case the son C shall not take jure representationis, but the estate will go to the other sons of A. 10. Sons, son's sons and their lineal descendants, in no specific al- how low a degree soever, have no specific share aslotments; but their portions signed to them: the general rule is that they take all vary according the property after the legal sharers are satisfied, unless there are daughters; in which case each daughter takes a share equal to half of what is taken by each son. For instance, where there are a father, a mother, a husband, a wife and daughters, but little remains as the portion of the sons; but where there are no legal sharers nor daughters, the sons take the whole property. Enumeration of heirs not 11. Parents, children, husband and wife must, in all liable to ex- cases, get shares, whatever may be the number or degree of the other heirs. clusion. General Rule 12. It is a general rule that a brother shall take for the shares double the share of a sister. The exception to it is in |