(c) in ascendance and strength of relationship, they shall participate in inheritance, and the estate shall be divided between them equally where they are only males or only females, and where they are males and females the male shall have like the portion of two females. Sole paternal relationship in the first class of the classes of the fourth category of uterine relatives 397. Where there are sole in the first category of the fourth class set forth in section 392, the paternal relationship, namely the maternal uncles of the deceased and his aunts at all, or the maternal relationship, namely the maternal uncles of the deceased, and his aunts at all, there shall have precedence whoever is of strongest relationship. Whoever of both parents, shall have precedence to whoever is of one of them, and whoever is of paternal shall have precedence to whoever is of maternal; and where they are equal in relationship, they shall participate in inheritance, and upon joinder of both parties, two-thirds shall be to the paternal relationship, and onethird shall be to the maternal relationship, and the share of every party shall be divided as aforesaid. Application of the provisions of section 397 on the third and fourth categories of the fourth class of uterine relatives 398. The provisions of section 397 shall apply to the third and fourth categories of the fourth class of uterine relatives. Precedence of the nearest in degree of the second category of uterine relatives 399. Of the second category of the fourth class of uterine relatives, the nearest thereof in degree shall have precedence to the farthest, every though he is not from his relationship side and upon equality and unity of the relationship side, the strongest shall have precedence, where they are all children of a consanguineous, or children of a uterine relative, and where they are different the child of a consanguineous shall have precedence to the child of a uterine relative, and upon difference of the relationship side the two-thirds shall be for the paternal relationship and one-third shall be for the maternal relationship and what is gained by each party thereof shall be divided in the aforementioned way. Application of the provisions of section 399 to the fourth and sixth categories of the fourth class of uterine relatives 400. The provisions of section 399 shall apply to the fourth and sixth categories of the fourth class of uterine relatives. Chapter VII Miscellaneous Questions Branch I The Inheritance of the Missing The missing inheritance mode 401. {1) There shall be endowed the share of the missing in his testator's estate, in presumption of his life; where he appears alive, he shall take the same, and where his death is decreed, his share shall be returned to whoever may be entitled thereto of the heirs at the time of death of the testator. {2) Where the missing appears alive after being decreed dead, he shall take what is left in the hand of the heirs of his share in his testator's estate Decree of the missing's death 402. Where death of the missing is decreed and his estate is distributed between his heirs, and then he appears alive he shall have what is left in the hand of the heirs of his estate and shall not revert thereto for what has elapsed. Branch II The Fetus's inheritance Way of the pregnancy inheritance 403. There shall an endowed for the fetus of his testator's estate, the more enough of the two shares in presumption that it is a male or female. Decrease and increase of what is endowed for the fetus 404.(1) Where what is endowed for the fetus of the estate is less than what it is entitled thereto, the remainder shall be reverted thereby to whoever the increase has entered in his share of the heirs. (2) Where the endowed for fetus of the estate is more than his share therein, the increase shall be returned to whoever may be entitled thereto heirs. 39

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