A different sort of gift is where the donor reserves to himself a use of
the property as long as he lives, or stipulates for a life allowance from
it. These are usually accompanied by formal adoption. The recipient is one
who has not already a claim to inherit, but undertakes the care or
maintenance of the donor. Such gifts are best classed under adoption, even
where the fact of adoption is not stated. When a parent makes an
arrangement of this kind with a son or daughter, these were possibly
adopted by a previous act. At any rate, it seems likely that such a child
was either unmarried or again free to wait upon the donor. But whatever
the actual state of relationships, we find a mother giving property to a
daughter, reserving the use of it as long as she lives.(557) Similarly a
brother undertakes to give one shekel _per annum_ to his brother. Here the
grounds of the undertaking are not stated, but a contract to do this is
duly sealed and witnessed.(558) Further, maintenance is stipulated for,
though the relationship is not stated, nor grounds given. This may not be
based upon a gift, but follow the order of some judge, for other
reasons.(559)
(M538) The husband might settle upon his wife a fixed amount of property.
This was frequently done and was called the _nudunnu_. It might include a
house, two maids, clothes, jewelry, and household furniture.(560) Here the
sons are expressly said to have no claim, she may give it to whoever
serves her and “as her heart desires.” Probably she was a second wife
without children, and is thus secured a life of comfort and the faithful
service of her step-sons. As a rule these gifts are best considered under
the head of marriage, but they were also free gifts on the donor’s part.
The wife in any case had her right to inherit with her step-sons, if her
husband made no such settlement.
(M539) The consent of the legal heirs of the donor to such alienation of
their reversionary rights was needed. Thus in one case, when a man gives
his daughter a house, his son appears as the first witness.(561) A father
and his son give their daughter and sister a house, which she is free to
give to her son, “whom she loves.”(562) Had the house merely come to her
as her share in the usual way, it must have been shared by her sons. If
she had none, then her brother would be the next heir. That she can leave
it as she will must be a matter of legal instrument. The brother must
consent to the exception to the rule.
(M540) In Assyrian times, donation is rarely represented within the group
of documents which have reached us. Here is one case:(563)
The household which Bêl-nâ’id gave to his daughter, Baltêa-abate.
A house in Nineveh, before the great gate of the temple of
Shamash. (Then come the servants, a _šaḳu_ or head man, a
washerman, a _šaknu_, and others, male and female, in all eleven
souls.) Dated the fourteenth of Adar, in the Eponymy of
Marduk-shar-uṣur. Nine witnesses.
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