The grandfather is excluded only by the generation that comes between him and the deceased—that is, by the father.
A full brother is excluded by the father, the son, and the son’s son.
A consanguine (paternal) brother is excluded by those three as well as by a full brother.
A uterine brother is excluded by a father, a grandfather, a child, or a grandchild through a son.
The son of a full brother is excluded by six heirs: the father, the grandfather, the son, the son’s son, the full brother, and the consanguine brother.
The son of a consanguine brother is excluded by all of these and by the son of a full brother.
A full paternal uncle is excluded by the aforementioned heirs together with the son of a consanguine brother, while a consanguine paternal uncle is excluded by all of those and by a full paternal uncle.
The son of a full paternal uncle is excluded by all the preceding heirs and by a consanguine paternal uncle, and the son of a consanguine paternal uncle is excluded by all of the above together with the son of a full paternal uncle.
The emancipator is excluded by any blood agnate, whereas a daughter, a mother, and a wife do not exclude anyone.
A granddaughter through a son is excluded by a son or by two daughters if she has no male agnate of her own rank to render her a residuary heir.
The maternal grandmother is excluded only by the mother; the paternal grandmother is excluded by the father or the mother.
In every line of ascent, the nearer ancestor excludes the more remote. Thus the mother of the mother excludes the more distant ancestor on the father’s side—such as the mother of the father’s mother—whereas, according to the predominant view, the nearer ancestor on the father’s side does not exclude the more remote on the mother’s side.
A sister, with respect to exclusion, is treated like a brother, and purely consanguine sisters are also excluded by two full sisters.
A female emancipator inherits in the same manner as a male emancipator.
Every agnate is excluded when the fixed-share heirs take up the entire estate.
Section
A single son takes the whole estate, and the same applies to two or more sons.
A single daughter receives one-half, while two or more daughters share two-thirds.
If both sons and daughters are present, the estate is divided among them such that a male receives the portion of two females.
When children through a son are present alone, they are treated like direct children.
If both direct children and children through a son are present, and there is a male among the direct children, he excludes the son’s children.
If, instead, the direct offspring consists of a single daughter, she receives one-half and the remainder goes to the male grandchildren through a son, or to a mixed group of male and female grandchildren through a son.
If the grandchildren through a son consist only of a single female or several females, she or they take one-sixth.
If there are two or more direct daughters, they receive two-thirds and the remainder goes to the male grandchildren through a son or