inheritance to each, unless
he intends that they shall not take in equal portions; for it is obvious
that if no shares are specified they divide the inheritance equally
between them. Supposing, however, that specific shares are assigned to
all the instituted heirs except one, who is left without any express
share at all, this last heir will be entitled to any fraction of the as
which has not been disposed of; and if there are two or more heirs
to whom no specific shares have been assigned, they will divide this
unassigned fraction equally between them. Finally, if the whole as has
been assigned in specific shares to some of the heirs, the one or more
who have no specific shares take half of the inheritance, while the
other half is divided among the rest according to the shares assigned to
them; and it is immaterial whether the heir who has no specified share
come first or last in the institution, or occupies some intermediate
place; for such share is presumed to be given to him as is not in some
other way disposed of.

7 Let us now see how the law stands if some part remains undisposed of,
and yet each heir has his share assigned to him--if, for instance
there are three heirs instituted, and each is assigned a quarter of the
inheritance. It is evident that in this case the part undisposed of will
go to them in proportion to the share each has assigned to him by
the will, and it will be exactly as if they had each been originally
instituted to a third. Conversely, if each heir is given so large a
fraction that the as will be exceeded, each must suffer a proportionate
abatement; thus if four heirs are instituted, and to each is assigned
a third of the inheritance, it will be the same as if each had been
originally instituted to a quarter.

8 If more than twelve ounces are distributed among some of the heirs
only, one being left without a specific share, he will have what is
wanting to complete the second as; and the same will be done if more
than twenty-four ounces are distributed, leaving him shareless; but all
these ideal sums are afterwards reduced to the single as, whatever be
the number of ounces they comprise.

9 The institution of the heir may be either absolute or conditional, but
no heir can be instituted from, or up to, some definite date, as, for
instance, in the following form--'be so and so my heir after five years
from my decease,' or 'after the calends of such a month,' or 'up to and
until such calends'