The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
The fact, however, that with the Longobards donations and wills were
irrevocable, indicates a Germanic character, or rather the trace of it,
for the main feature of the Roman will consisted in its revocability.
Of the essential principles of the Roman _Testamenti factio_ the
Longobards were ignorant. Legitimate children came first in the
order of inheritance, and with them came natural children also, the
latter--though not in strictness forming part of the family--being
admitted to succeed along with the former, though taking a less share.
They might, however, be put on an equal footing by being legitimated.
At a later period this essentially Germanic peculiarity of the laws
of succession was done away with by the action of the Roman and Canon
laws, which exclude natural children. Originally, by the Longobard
law, a legitimate child took two-thirds of the inheritance, leaving
one-third only to the natural children. If there were two legitimate
children, the natural children took only a fifth; if three, a seventh.
It was forbidden to leave more than the prescribed share to natural
children, and no child could be disinherited without just and manifest
cause. The reasons for disinheriting a child were borrowed from the
Roman code. It was allowable, however, to favour one son more than the
rest.
The preference accorded to males over females is a point of much
importance, and is another of the special characteristics of the
Longobard law. When the testator had one son and one or more unmarried
daughters he was obliged to leave a fourth of the inheritance to the
latter, but when there were several sons the daughters only received
a seventh part. Married daughters had no right to any share in the
inheritance, but had to be content with what they had received on
the day of their marriage, and could claim nothing more. Failing
male issue, daughters were next heirs, and whether married or single
inherited as though they were males. Another peculiarity of Longobard
law was the great favour shown to daughters or sisters of the testator
domiciled in his house--_in capillo_. A brother is excluded in
favour of a daughter or niece--a remarkable instance of this strange
and singular preference accorded to females. We likewise find that
unmarried daughters and sisters inherit on equal terms when living
under the parental or fraternal roof.