A History of Ancient Near Eastern Law

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younger brothers shared secondary rank in equal or decreasing order.

The testator had the power to remove the first-born from his priv-

ileged position and assign the rank of “principal heir” to a younger

son or an adopted outsider, or even to a future son born to him by

a new wife, thus deviating from the normal rules of intestate succession.

Occasionally women—daughters and wives—could be included

among the heirs and be assigned minor portions of the family estate.

On the death of her husband, a wife was given (back) her private

movable property, which had originally belonged to her father and

had been assigned to her at the time of the marriage agreement.

In the absence of sons, a daughter could be made sole heir (see,

e.g., HSS 19 2). Alternatively, a father without sons could adopt an

outsider into sonship and marry him to his daughter (cf. 5.1.3 above).

Failing sons or daughters, the testator could designate as heir one

of his brothers, by adopting him into sonship (see, e.g., HSS 5 59).

Some court cases (e.g., JEN 333, 666, 671) provide evidence of

attempts to get possession of the estate of a deceased brother by

invoking privileged inheritance rights against other possessors or

claimants.

6.4.3.2 Theewuru

At times wills, but also other kinds of inter vivos agreements (e.g.,

adoption into brotherhood) explicitly designate one person as “heir”

(Hurrian ewuru). From a comprehensive survey of the textual evi-

dence, which also includes a number of court cases, it emerges that

the term occurs whenever there might be uncertainty or dispute over

the identity of the person given the legal power and duty to resolve

inheritance disputes among other heirs or against third parties, inde-

pendently of his hierarchical position among the potential heirs to

the estate.^121

6.4.3.3 The Woman as Guardian

A woman—in most cases, the testator’s wife—could be appointed

guardian (abbùtu; lit., “father’s legal status and power”) over the sons

(cf. 5.3 above) and the family property that the heirs would later

divide among them. A common feature of these provisions is a pro-

hibition against dividing the property as long as the guardian lives.

(^121) Cf. Paradise, Nuzi Inheritance.. ., 242–48; Dosch, Zur Struktur.. ., 92–114.
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