aw of postliminium.

5 And sometimes conversely a man is not a family heir although in the
power of the deceased at the time of his death, as where the latter
after his death is adjudged to have been guilty of treason, and his
memory is thereby branded with infamy: such a person is unable to have a
family heir, for his property is confiscated to the treasury, though one
who would otherwise have succeeded him may be said to have in law been a
family heir, and ceased to be such.

6 Where there is a son or daughter, and a grandchild by another son,
these are called together to the inheritance, nor does the nearer in
degree exclude the more remote, for it seems just that grandchildren
should represent their father and take his place in the succession.
Similarly a grandchild by a son, and a greatgrandchild by a grandson
are called to the inheritance together. And as it was thought just that
grandchildren and greatgrandchildren should represent their father, it
seemed consistent that the inheritance should be divided by the number
of stems, and not by the number of individuals, so that a son should
take onehalf, and grandchildren by another son the other: or, if two
sons left children, that a single grandchild, or two grandchildren by
one son, should take onehalf, and three or four grandchildren by the
other son the other.

7 In ascertaining whether, in any particular case, so and so is a family
heir, one ought to regard only that moment of time at which it first was
certain that the deceased died intestate, including hereunder the
case of no one's accepting under the will. For instance, if a son be
disinherited and a stranger instituted heir, and the son die after the
decease of his father, but before it is certain that the heir instituted
in the will either will not or cannot take the inheritance, a grandson
will take as family heir to his grandfather, because he is the only
descendant in existence when first it is certain that the ancestor died
intestate; and of this there can be no doubt.

8 A grandson born after, though conceived before, his grandfather's
death, whose father dies in the interval between the grandfather's
decease and desertion of the latter's will through failure of the
instituted heir to take, is family heir to his grandfather; though it is
obvious that if (other circumstances remaining the same) he is conceived
as well as born after the grandfather's decease, he is no family heir,
because he was nev