III. The Estate of an Intestate to whom it na∣turally de∣scends.
Dominion being once introduced, that which naturally guides the Succession to the estate of a person dying intestate, setting aside the Civil Law, is our conjecture at the Will of the deceased. For seeing that the force of Dominion is such, that it may be transferred at the will of the right owner, unto another: Therefore in case a man dyes possest of an estate, leaving nothing to testifie his mind after his death; because it is not credible that he would leave it to him that could next catch it, therefore shall it succeed to him to whom it is probable he would have left it, had he lived to have declared it. Defunctorum voluntatem intellexisse, pro jure est, saith Pliny Junior; To have understood the Will of the deceased, is sufficient to create a Right. Now to the dead this favour is indulged, That in cases that are doubtful, it is presumed, That every man would do that which is most just and honest; whereof in the first place is the payment of his just debts, and in the next, that which, though not due, yet is most agreeable to our duty: And there∣fore what is committed to a mans trust may be restored, saith Paulus, (the person dying Intestate that trusted it) to those that succeed him, because it may be believed, That his Will was freely to leave the lawful Inheritance unto them.