vYAVASTHA”-DARPANA. is).5 quarter of it, (or an eightieth.) The eldest and youngest respectively take their just mentioned portions; and if there be more than one between them, each of the intermediate" sons has the mean portion (or fortieth.) Of all the goods collected, let the first born take the best article, whatever is most excellent in its kind, and the best of ten (cows or the like.) But, among brothers equally skilled in performing their several duties, there is no deduction of the best in ten (or the most excellent chattle ;) though some trifle, as a mark of greater veneration, should be givem . to the first born. If a deduction be thus made, let equal shares of the residue be ascertained (and received;) but if there be no deduction, the shares must be distributed in this manner : Huet the eldest have a double share, and the next born a share and half, the younger sons must have each a share :- Thus is the law settledt. A younger son being born of the first married wife, after an elder son had been born of a wife last married, it may be a doubt in that case how the division shall be made : Let the son born of the elder wife take one most excellent bull dedu" from the inheritance; the next excellent bulls are for those who were born first, but are inferior on account of their mothers, (who were married last.) A son, indeed, who was first born, and "rought forth by the wife first married, may take one bull and fifteen cows; and the other sons may then take, each in right of his several nother : such is the fixed rule.”f MANU and Vrish Aspati –“ All the sons of twice born men, produced by wives of the same class, must divide the heritage equally, after the younger brothers have given the tirst born his deducted allotment.” VRIHASPAT1:—“Two modes of partition are expressly ordained for co-heirs : one, in the order of seniority; the other, by allotment of equal shares. The eldest (or he who is pre-eininent by birth, 學 * * ‘Eldest’--that is, first by birth among brothers, born of mothers or step-mothers alike by class. Thus MANU;—“ Between sons born of wives equal in class, and without any other distinction, there can be no seniority in right of the mother, the seniority ordained by law is according to the birth.” --S, the eldest is the first born of all the sons; the youngest is the last born ; and all the intermediate sons are middle. The fortieth part should be computed on the whole estate, not on; the residue after deducting a twentieth part ; for that is expressly §§ by the term “half of that.” “The same should be also affirmed in respect of the eightieth part. Coleb. Dig. vol. II. p. 549. - ● t This however must be understood as applicable to the case where the eldest and the one next to him are endued with learning and other o and the younger brothers are devoid of any good quality. Kullākabhatta. - - - * t Thus Manu delivers four modes of unoqual partition; and since partition cannot be made in four ways in the sanie case, it must be affirmed that he intends a distinction according to circumstances. Such is the opinion of Kullākabhatta, Chandeshwara, and others. Colob. Dig. vol. II. 558.
