VYA WASTHA.DARPANA. 808 Succession of heirs in default of successors as /ar as the husband, mother, brother, and father to any description of separate pronerty of a coman married according to any form of marriage. Then to any description of the separate property of a woman married ac. cording to any of the forms of marriage,_ 470. First the husband's younger brother succeeds.” In default of successors down to the father, in respect of wealth received at nuptials solemnised according to any one of the five forms of marriage, denominated Hráhma and the rest, and on failure of successors down to the husband, in respect of wealth received at nuptials, celebrated according to any one of the three forms styled A'wura, &c., as well as in the case of all other peculiar property of a woman, the succession devolves on the husband's younger brother: for the right of the husband's younger brother and the rest to succeed at that time has been propounded by Prihaspati in the following text: “The mother's sister, the maternal uncle's wife, the paternal uncle's wife, the father's sister, the mother-in-law, and the elder brother's wife are pronounced similar to mothers: if they leave no issue of their bodies, nor son, nor daughter's son, nor son of those persons, the sister's son and the rest shall take the property.”t But the order of succession prescribed by the above text is not to be respected; for if this were the case, it would follow that the husband's younger brother succeeded last, and this would be improper, since he confers greater benefits than all the others who are specified in that text; and the following texts of Manu : “To three ancestors (i. e. the father, paternal grandfa. ther and great grandfather) must water he given at their obsequies; for three is the funeral cake ordained : to the nearest supindu the inheritance next belongs,” are recited in a treatise of inheritance, for the purpose of exhibiting that the order of succession takes place according to the greater or less benefits conferred; otherwise, the introduction of them in such a treatise would be useless; consequently the order of succession must be understood as taking place according to the proximity of benefits conferred, and, this being the case, the order inferrible from the spirit of the text, rather than that derived from the letter of it, must be respected. Therefore the husband's
- W. Da'. Kra. Sang. p. 69. Coleb. I)a'. bha'. pp. 97, 98, and 100.—Vide Macn. H. L. vol. I. pp. 80, 40. Elb. In. pp. 86, 87.
... t. The word issue (ourasa) in this text implies both son and daughter. “Nor son, must be conridered as intending the ‘son of a rival wife,' it must not be supposed discriminative of the word *we, Since it would be unmeaning, and it would follow that the succession devolved on the husband's younger brother and the rest, eyen while the son of a rival wise was existent, “Nor son of those per ons: here by “those prosons' the son, and the son of a contemporary (or rival) wife are intended : the expression does not réser to the damsel's son and daughter's sun's son, for the damsel's son is included in ម្ល៉េះ 盟 daughter's son, and the մասբhttր son’s son confers no ಲ್ಗeit8, being incompetent * present neral offering (to the woman's husband.) By the term ‘I'd' or (of nor, ) the song of the son, oud of the son of the rival wife are to be undérstööd.-W. Da.. Kra. Sang. p. 60. Wyavwatha” Authority
