The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
No woman succeeds _ab intestato_ to her sons or daughters, when there
are direct descendants or ascendants even in the third degree; and
uncle, brother, sister, son, or grandson of a brother are preferred
to her. Though excluded from succession, she can nevertheless claim
alimony from those who by law exclude her. If there be no such
relatives, she inherits _ab intestato_ one-fourth of her son's estate,
provided it does not amount to more than five hundred _lire_. In any
case, she only receives money, not real property. If there is no money,
she will be entitled to the price of the lands forming her inheritance.
The same provisions apply when a grandmother, great-grandmother, or
descendants in the maternal line succeed _ab intestato_.
A woman could not succeed _ab intestato_ to a brother leaving children,
grandchildren, or brothers; but when thus excluded from the succession,
she was still entitled to alimony. She could not succeed even to her
father; but was entitled to receive her dowry from the agnates, and
could meanwhile, even if a widow, claim alimony from them.[395]
It is plain from all these provisions that the woman's rights of
succession were very limited; but she was always insured of the
wherewithal to live. We find, indeed, from the Florentine statutes,
that while the preference given to the agnates increases as time goes
on, so too the woman's rights to alimony increase. The statute of 1355
concedes to her the usufruct of the paternal inheritance, on failure
of male issue, while under the same circumstances, later statutes
deny her this right, allowing her alimony instead.[396] Speaking of
aliment, and of those bound to supply it, the statute of 1324 says:
"Si filius, nepos vel pronepos facultatis abundarent,"[397] so that
they can _commode subvenire_, &c.; and the statute of 1355 imposes
the same obligation, with the same conditions.[398] But the printed
statute of 1415 is far more explicit; the father, mother, grandfather,
grandmother, great-grandfather, and great-grandmother are all entitled
to alimony, and the Podestà is bound to enforce the law. The female
inherits _ab intestato_ from her mother or other female ascendants,
but only on failure of male issue. Uterine brothers, being of the
female line, cannot succeed one another should there be relations of
the deceased in the male line as far as the fourth degree,[399] these
being preferred to the mother and relations in the female line. The
Florentine statute goes on to declare that the wife is to be preferred
to the public treasury, _uxor mariti defuncti præferatur fisco_;
showing how little the woman's rights were considered, when an express
enactment was needed to prevent the revenue authorities from depriving
her of her husband's estate. Natural children were also preferred to
the treasury, which only succeeded on failure of relations as far as
the fourth degree. Relations, however, could succeed to bastards,