His statement, “every nephew and paternal uncle”: is “paternal uncle” coordinated with “every” or with “nephew”? If we say that it is coordinated with “nephew,” the meaning is: every nephew and every paternal uncle—and this is correct. Alternatively, one may say that it is coordinated with “every,” with the implied wording: “Every nephew is excluded by him, and so is the paternal uncle”; that is, the paternal uncle is excluded as well. It cannot be coordinated with “brother,” for if it were coordinated with “brother,” the meaning would be: every son of a brother and son of a paternal uncle. This is incorrect.
It is useful to mention some rules concerning exclusion from inheritance:
First: ascendants. Every nearer relative excludes the one above him when both are of the same category. Thus, the mother excludes the grandmother, and the father excludes the grandfather. But the father does not exclude the grandmother, nor does the mother exclude the grandfather, because he is not of her category.
Second: descendants. Every male excludes those below him, whether they are of his category or not. Thus, a son excludes a son’s son, and a son excludes a son’s daughter; and a son’s son excludes a son’s son’s daughter. A female, however, does not exclude those below her. Thus, if a person dies leaving a daughter and a son’s daughter, the daughter inherits one-half, and the son’s daughter receives one-sixth.
Third: collateral relatives. They are excluded by every male among the ascendants or descendants. Thus, a brother is excluded in the presence of the father; a brother is excluded in the presence of the son; and a brother is excluded in the presence of the grandfather, according to the preponderant view. Likewise, every nearer collateral relative excludes one who is more remote without exception: a brother excludes a brother’s son. As for female collateral relatives, none of them inherit except sisters.
These rules spare one from the lengthy enumeration mentioned by the author. They do not contradict what he mentioned; rather, they are the same in substance. Yet the fewer the words, the easier it is to understand—especially when they take the form of general rules and principles.