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TESTAMENT

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The property or estate of the father fell, after his decease,
into the possession of his sons, who divided it among themselves
equally, with this exception, that the eldest son had two portions. The
father expressed his last wishes or will in the presence of witnesses,
and probably in the presence of the heirs, 2 Kings xx, 1. At a more
recent period the will was made out in writing. The portion that was
given to the sons of concubines depended altogether upon the feelings of
the father. Abraham gave presents to what amount is not known, both to
Ishmael and to the sons whom he had by Keturah, and sent them away
before his death. It does not appear that they had any other portion in
the estate. But Jacob made the sons whom he had by his concubines heirs
as well as the others, Gen. xxi, 8–21; xxv, 1–6; xlix, 1–27. Moses laid
no restrictions upon the choice of fathers in this respect; and we
should infer that the sons of concubines, for the most part, received an
equal share with the other sons, from the fact, that Jephtha, the son of
a concubine, complained that he was excluded without any portion from
his father’s house, Judg. xi, 1–7. The daughters not only had no portion
in the estate, but, if they were unmarried, were considered as making a
part of it, and were sold by their brothers into matrimony. If they had
no brothers, or if they had died, the daughters then took the estate,
Num. xxvii, 1–8. If any one died intestate, and without offspring, the
property was disposed of according to Num. xxvii, 8–11. The servants or
the slaves in a family could not claim any share in the estate as a
right; but the person who made a will, might, if he chose, make them his
heirs, Gen. xv, 3. Indeed, in some instances, those who had heirs,
recognized as such by law, did not deem it unbecoming to bestow the
whole or a portion of their estates on faithful and deserving servants,
Prov. xvii, 2. The widow of the deceased, like his daughters, had no
legal right to a share in the estate. The sons, however, or other
relations, were bound to afford her an adequate maintenance, unless it
had been otherwise arranged in the will. She sometimes returned back
again to her father’s house, particularly if the support which the heirs
gave her was not such as had been promised, or was not sufficient, Gen.
xxxviii, 11. See also the story of Ruth. The prophets very frequently,
and undoubtedly not without cause, exclaim against the neglect and
injustice shown to widows, Isa. i, 17; x, 2; Jer. vii, 6; xxii, 3; Ezek.
xxii, 7; Exod. xxii, 22–24; Deut. x, 18; xxiv, 17.
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