DOI Page / Citation link:
https://doi.org/10.11588/diglit.9551#0239
OVER ANCESTRAL PROPERTY
227
Yagnuvulkyu, and Vishnoo, and examined and weighed
the sense deducible from the context, the author offers
his opinion on the subject. " By this text, [by the seven
texts of Vrihusputi, and by the text of Yagnuvulkyu,]
relating to the order of succession, the right of the
widow, to succeed in the first instance, is declared '*
" Therefore, the widow's right must be affirmed to extend
to the whole estate.'' (p. 161.)
16. The same author afterwards notices, in page 163,
several texts of a seemingly contrary nature, but to which
he does not hesitate to give a reconciling interpretation,
without retracting or modifying his own decision. He
quotes Sunkhu and Likhitu, Peitheenusi, and Yum, as
declaring, "The wealth of a man who departs for heaven,
leaving no male issue, goes to his brothers. If there be
none, his father and mother take it; or his eldest wife,
or a kinsman, a pupil, or a fellow student."' Pursuing
a train of long and able discussion, the author ventures
to declare the subordinacy of the latter passage to the
former, as the conclusion best supported by reason, and
most conformable to the general tenor of the law. He
begins saying, (P. 169,) "From the text of Yishnoo and
the rest, (Yagnuvulkyu and Vrihushputi,) it clearly
appears, that the succession devolves on the widow, by
failure of sons and other [male] descendants, and this
is reasonable : for the estate of the deceased should go
first to the son, grandson, and great grandson." He
adds, in page 170, pointing out the ground on which
the priority of a son's claim is founded, a ground which
is applicable to the widow's case also, intimating the
superiority of a window's claim to that of a brother, a
father, &c. " So Munoo declares the right of inheritance
227
Yagnuvulkyu, and Vishnoo, and examined and weighed
the sense deducible from the context, the author offers
his opinion on the subject. " By this text, [by the seven
texts of Vrihusputi, and by the text of Yagnuvulkyu,]
relating to the order of succession, the right of the
widow, to succeed in the first instance, is declared '*
" Therefore, the widow's right must be affirmed to extend
to the whole estate.'' (p. 161.)
16. The same author afterwards notices, in page 163,
several texts of a seemingly contrary nature, but to which
he does not hesitate to give a reconciling interpretation,
without retracting or modifying his own decision. He
quotes Sunkhu and Likhitu, Peitheenusi, and Yum, as
declaring, "The wealth of a man who departs for heaven,
leaving no male issue, goes to his brothers. If there be
none, his father and mother take it; or his eldest wife,
or a kinsman, a pupil, or a fellow student."' Pursuing
a train of long and able discussion, the author ventures
to declare the subordinacy of the latter passage to the
former, as the conclusion best supported by reason, and
most conformable to the general tenor of the law. He
begins saying, (P. 169,) "From the text of Yishnoo and
the rest, (Yagnuvulkyu and Vrihushputi,) it clearly
appears, that the succession devolves on the widow, by
failure of sons and other [male] descendants, and this
is reasonable : for the estate of the deceased should go
first to the son, grandson, and great grandson." He
adds, in page 170, pointing out the ground on which
the priority of a son's claim is founded, a ground which
is applicable to the widow's case also, intimating the
superiority of a window's claim to that of a brother, a
father, &c. " So Munoo declares the right of inheritance