together the other half of the inheritance;
if a mother and a brother or brothers, with or without sisters agnatic
or cognatic, the inheritance shall be divided among mother, brothers,
and sisters in equal portions.

6 But, while we are legislating for mothers, we ought also to bestow
some thought on their offspring; and accordingly mothers should
observe that if they do not apply within a year for guardians for their
children, either originally or in lieu of those who have been removed or
excused, they will forfeit their title to succeed such children if they
die under the age of puberty.

7 A mother can succeed her child under the SC. Tertullianum even though
the child be illegitimate.

TITLE IV. OF THE SENATUSCONSULTUM ORFITIANUM

Conversely, children were admitted to succeed their mother on her death
intestate by the SC. Orfitianum, passed in the time of the Emperor
Marcus, when Orfitus and Rufus were consuls: by which a statutory right
of succession was conferred on both sons and daughters, even though in
the power of another, in preference to their deceased mother's brothers
and sisters and other agnates.

1 As, however, grandsons were not called by this senatusconsult with a
statutory title to the succession of their grandmothers,

2 this was subsequently amended by imperial constitutions, providing
that grandchildren should be called to inherit exactly like children. It
is to be observed that rights of succession such as those conferred
by the SC. Tertullianum and Orfitianum are not extinguished by loss of
status, owing to the rule that rights of succession conferred by later
statutes are not destroyed in this way, but only such as are conferred
by the statute of the Twelve Tables;

3 and finally that under the latter of these two enactments even
illegitimate children are admitted to their mother's inheritance.

4 If there are several heirs with a statutory title, some of whom do
not accept, or are prevented from doing so by death or some other cause,
their shares accrue in equal proportions to those who do accept the
inheritance, or to their heirs, supposing they die before the failure of
the others to take.

TITLE V. OF THE SUCCESSION OF COGNATES

After family heirs, and persons who by the praetor and the imperial
legislation are ranked as such, and after persons statutorily entitled,
among whom are the agnates and those whom the aforesaid senatusconsults
and our constitution have raise