However, he sets conditions on his gift; namely that they cannot
give the property away, or sell it to a stranger.^279 The only type of
transfer which they themselves can execute is to their own children.
In Heti’s will, the elder son is especially important. It is he who
must supervise the mortuary priests performing the rites for the
deceased Heti.^280 It is expressly stated in such documents that they
are drawn up while the party A is alive. In the “wills,” it remains
unclear whether the transfer of property takes place immediately
or only upon the death of the giver. We do have clear instances in
the Old Kingdom of a division of property instituted through a
testament.^2816.2.2 P. Berlin 9010 (Sixth Dynasty) seems to be the record of a
dispute between the eldest son and an administrator appointed through
a testament. P. Berlin 9010 designates the trustee (= usufructuary?)
as “one who eats, but does not diminish.”^2826.2.3 One man, who designates himself as his mother’s “eldest son,”
“heir,” and possessor of her property because he had buried her and
acted as her mortuary priest, transfers the property and the obliga-
tion of serving as his mortuary priest to his wife. She would in turn
have used income from the land to recruit men to perform the mor-
tuary rites.^283 The burial of a parent may indeed have been neces-
sary in order to claim one’s full rights as heir.^2846.2.4 The inscription of Nikauankh provides evidence that the “eldest
son” had “particular rights and obligations regarding the mortuary
priests.”^285 In the property transfer of Wepemnofret (Fifth Dynasty),yet attested in Egypt, according to him. It generally elucidates the origin and nature
of the ower’s legal claim to the property (Der Manuelian, “Essay.. .,” 15).(^279) See also Johnson, “Legal Status.. .,” 216, n. 37.
(^280) See also Goedicke, Rechtsinschriften.. ., 146; Seidl, Einführung.. ., 57, with regard
to P. Berlin 9010.
(^281) E.g., Urk. 1, 16; Seidl, Einführung.. ., 58.
(^282) Seidl, Einführung.. ., 35; cf. Green, “Perjury.. .,” 33.
(^283) Urk. 1, 163–65; see Johnson, “Legal Status.. .,” 183–84. The man declares,
“I am her eldest son, her heir. It is I who buried her in the necropolis” (Urk.1,
164/2–3). See also Seidl, Einführung.. ., 57, 59.
(^284) Eyre, “Work.. .,” 24.
(^285) Goedicke, Rechtsinschriften.. ., 146. On Nikauankh and his mortuary endow-
ment, see Roth, “Organization.. .,” 120–21.
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