because of a reason—namely, that the total of the shares exceeds the estate. We have not reduced one person’s share in order to increase another’s; rather, everyone is treated equally. Just as, in cases of proportional increase, we reduce the share of each heir, so too in cases of return, so that justice is applied whether the amount increases or decreases.
As for cases of return: if those to whom the residue is returned are of one class, the base number of the case is the number of their persons, exactly as with residuary heirs. Thus, if a deceased person leaves four daughters and no residuary heir, the case is based on their number, namely four, and each daughter receives one quarter.
If they belong to several different classes, the case is based on six; then the final total of the prescribed shares becomes the final base number of the case. Thus, if a deceased person leaves two uterine brothers and a mother, the classes differ, and the case is based on six: the two uterine brothers receive one third, namely two shares, and the mother receives one sixth, namely one share. The case is then reduced to three, so the mother receives one third instead of one sixth, and the two brothers receive two thirds instead of one third.
If a deceased person leaves a daughter and a son’s daughter, the case is based on six. The daughter receives one half, namely three shares, and the son’s daughter receives one sixth, namely one share. The case is reduced to four, and we say: the case is based on four; the daughter receives three of the four shares—meaning the half of the original six—and the son’s daughter receives one share out of the original six, which is now one quarter.
If a deceased person leaves two full sisters and one uterine sister, the case is based on six: the two full sisters receive two thirds, namely four shares, and the uterine sister receives one sixth, namely one share. The case is reduced to five.
If a deceased person leaves one uterine brother and a grandmother, the case is based on six; the brother receives