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5 - The testamentary adoption

Published online by Cambridge University Press:  25 January 2010

Hugh Lindsay
Affiliation:
University of Newcastle, New South Wales
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Summary

Romans became very interested in the destination of their material goods, and this is well evidenced by the concerns of authors in the late Republic and early Empire. Property was generally devised by will, and this gave individuals an opportunity to express preferences for family members and others, and otherwise give utterance, usually from beyond the grave. Examples can be found, however, of individuals who preferred their dispositions to be common currency while they were still alive (Val. Max. 7.8.4); others such as Antony did not manage to keep their arrangements private until death. His will was seized from the temple of Vesta in 32 bc and read out in the Senate and assembly to damaging effect (Plut. Ant. 58.4–8; Dio 50.3.4; Suet. Aug. 17.1). When a ‘testamentary adoption’ was envisioned, it is not obvious whether the potential beneficiary habitually knew of this before the event.

The motives for wills are reviewed by Seneca in De beneficiis in a passage considered by Edward Champlin ([1991] 7):

When we stand at the very end of life, and set out our will, do we not divide up goods that are no boon to us at all? How much time is wasted, how long do we secretly ponder over how much there is and to whom we give it? What concern of ours is the recipient, when we will get nothing? Nonetheless, we never give more carefully, we never torment ourselves as much over our decisions … We seek out those most worthy to take over our possessions, nor do we arrange anything with more meticulous care than this matter which has no relevance to ourselves. […]

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Publisher: Cambridge University Press
Print publication year: 2009

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  • The testamentary adoption
  • Hugh Lindsay, University of Newcastle, New South Wales
  • Book: Adoption in the Roman World
  • Online publication: 25 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511657399.007
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  • The testamentary adoption
  • Hugh Lindsay, University of Newcastle, New South Wales
  • Book: Adoption in the Roman World
  • Online publication: 25 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511657399.007
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The testamentary adoption
  • Hugh Lindsay, University of Newcastle, New South Wales
  • Book: Adoption in the Roman World
  • Online publication: 25 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511657399.007
Available formats
×