A History of Ancient Near Eastern Law

(Romina) #1

600 


conferred on the adoptee the right to the entire estate or portions
of it (cf. 5.4 above).

6.4. I


6.4.1 Sources
As in the documentary evidence from northern Syrian private archives
(Ugarit, Emar, and, most recently, Munbaqa/Ekalte), our knowledge
of Nuzi inheritance institutions and practices comes entirely from
testamentary documents (†uppi “ìmti, “wills”) and related (sections of )
transfers inter vivos, mostly adoption as a son. Further information is
provided by other kinds of documents, such as court cases, declara-
tions and agreements over division of property, and marriage contracts.

6.4.2 Intestate Succession
Customary law governed the basic inheritance principles operating
within the Nuzi family. On the death of the paterfamilias, the legiti-
mate heirs (i.e., the deceased’s natural sons) would divide the estate
among them. As a rule, the first-born, as principal heir, received a
double share, whereas other sons received either single equal shares
or shares of decreasing amounts, according to their respective rank
in the family lineage. This mechanism automatically ensured a stan-
dard hereditary transmission, without need for the paterfamilias to
make a will.

6.4.3 Testate Succession
Unusual circumstances of various kinds could create obstacles to the
traditional pattern of succession or offer an opportunity to deviate
from it. In these cases, testators would make full use of their testa-
mentary power and make a will. Relevant factors behind special tes-
tamentary dispositions include disinheritance of natural sons, presence
of adopted sons, and inclusion of other male or female members of
the family group among the legitimate heirs.

6.4.3.1 Eligible Heirs
In accordance with the patrilinear character of the Nuzi family struc-
ture, the eldest son (DUMU GAL) was “first-rank” or “principal”
(GAL) heir, the second son was “secondary heir” (tardennu),^120 while

(^120) Wilhelm, “ta/erdennu...”
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