TABLE V. INHERITANCE AND GUARDIANSHIP

1. Women shall remain under guardianship (_tutela_), even though they

shall become of full age (_perfecta aetas_)[17] ... the Vestal Virgins

are excepted [and] shall be free [from control].

2. The mancipable (conveyable or movable) possessions of a woman who

is under tutelage of [her] agnates[18] shall not be acquired

rightfully by usucapion (long usage or long possession), save if these

(possessions) by herself shall have been delivered with the sanction

of [her] guardian (_tutor_).[19]

3. According as a person shall have ordered regarding his property or

the guardianship (_tutela_) of his estate, so shall be the law (_ita

ius esto_).

4. If a person die intestate (_intestatus_) and have no self-successor

(_suus heres_), the [deceased's] nearest male agnate shall have

possession of the estate.

5. If there be no male agnate, the [deceased's] clansmen[20] shall

have possession of the estate.

6. To persons[21] for whom a guardian (_tutor_) shall not have been

appointed by will (_testamentum_), to them [their] agnates shall be

guardians.

7. If a person be insane (_furiosus_), if there be not a guardian

(_custos_) for him, rightful authority over his person and over his

property shall belong to [his] agnates and [in default of these] to

[his] clansmen. If a person be a spendthrift (_prodigus_), he shall be

prohibited from [administering his own] goods and he shall be under

the guardianship (_curatio_) of [his] agnates.

8. If a freedman (_libertus_) shall have died intestate without

self-successor, [his] patron (_patronus_) shall take the inheritance

of a Roman citizen-freedman ... from said household into said

household.

9. Items which are in the category of debts [due to or incurred by a

deceased person] shall be divided [among his consuccessors] by mere

operation of law (_ipso iure_) [in proportion] to [their] portions of

the inheritance.[22]

10. Apportionment of an estate (_actio familiae erciscundae_)

[occurs], when coheirs (_coheres_) wish to withdraw from common [and

equal] participation [in the inheritance].[23]

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