If the mother should die, the children shall remain under the control
of the father. And, if she should die while her husband is still living
and he should not marry again, he shall have charge of the children
born of the marriage, and may retain possession of their property, with
the understanding that he is not to sell, damage, or dispose of it in
any way, but shall preserve it intact for the benefit of his children.
But, in common with his children, he shall enjoy the income from said
property, and shall be entitled to reserve from it all their necessary
expenses. If, however, the father should marry again, he shall not
relinquish the care of the children, because it is not just that his
authority over them having been abandoned, they should be placed under
the guardianship of another; but he shall still retain control over
them and their property, as hereinbefore mentioned. But he must at
once draw up an inventory of their property in his own hand, in the
presence of a judge, or of the heirs of his deceased wife; and he must
also bind himself by a written obligation, that those relatives who are
legally entitled to it shall have the guardianship of the children in
the case of his death; in order that none of the property of the latter
may be lost, but may be protected by him, in every way, from injury or
diminution in value. If the father, after having married a second time,
should refuse to act as guardian of his children, then the judge shall
appoint the nearest relative of the mother to take charge of them as
guardian. And if either his son or daughter should marry, they shall
at once receive their portion of their mother’s estate; excepting the
third part, which he may reserve for himself, as authorized by law.
The father, as soon as a son or daughter has reached the age of twenty
years, shall give to them half of what they are entitled to from their
mother’s estate, provided that they should not have already married.
The remaining half the father shall reserve for himself during his
lifetime, and, after his death, it shall descend to his children. This
same regulation shall apply also to grandchildren. When the father has
alienated any of the aforesaid property, or has retained it beyond the
time prescribed by law, everything belonging to his children by right
of inheritance from their mother, shall be given to them, at once, by
way of complete restitution.
=ANCIENT LAW.=
=XIV. Where a Mother remains a Widow, she shall have an Equal Portion of
the Inheritance with her Children; and How a Mother ought to Dispose of
the Property of her Children.=
Public-domain text, read in full here on John Shaqi.
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