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Donatio Mortis Causa

by

Mohammed El-Ashiry

BACPSI XIV, 1997, 87-97 = SB XXIV, 16001

 

 

P. Cairo Mus.inv.No 3729 / 10          Provenance Caranis

21.1 x  8.3 cm.                              29 November 169 A.D.

 

This papyrus consists of 27 lines.   The left hand side is incomplete, there are about 45 missing letters per line on this side.   On the other hand, the right side margin has not been completely preserved. Most of the last letters contained in this side seem to be complete, whereas ligatures of some other letters reach to the edge of this side.  There is an upper margin of 2.7 cm. and a lower margin of ca. 7 cm. The papyrus suffers 2 vertical rifts, besides; it has some worm holes.  The writing is on the recto. The document, which is on its verso,  is a copy of a report made by  sitologus of Caranis addressed to the strategus in 222 A.D., i.e. this papyrus  remained without reusing for about 53 years  (See; E.G. Turner, Recto and Verso, JEA, 40, 1954, 102 ff.).

 

This document  is  a will of  the Egyptian type, i.e. " donatio mortis causa". In other words, to be effective only after the death of testator,  meta th teleuth/n (cf. line 11).  Since the papyrus is much mutilated,  about 45 letters are missed per line, it could not be possible to guess the name(s) of the heir(s), or the inheritance itself.   It is not known whether this document is  the original of the authentic will, diaqh/kh au)qentikh=,  or a copy taken after  the authentic will was opened (cf. lines 4 - 5).   

 

In this document, the testator is a woman called,  Taeuhme/roj,  it appears  from the name that she is an Egyptian woman.  The position of the slave,  Berini/kh,  that occurs in line 13 is not clear; whether she would have been emancipated by the force of this will, or she would have been inherited.    The text  contains two obligations imposed on the heir.  First; is to pay back any debt that may appear,  kai e)a de/ ti fanh= o)fei/lwn a)podw/sei ( cf. line 14 ),    Second; is to defray the expenses of the funeral and burial of the testatrix body at death,  a]u)th=j khdei/an kai peristo[l]h a)rgu[ri/ou draxmaj .. ( cf. line 17 ).

 

There is also a special clause inserted in this document which indicates that the testatrix  keeps for herself  the right to dispose of her property,  in whatever way she wishes, as long as she lives ( cf. lines 15 - 16).  And perhaps to annul her will.

 

After the death of the testatrix  the heir took his official certificate, e)kdo/simon th=j diaqh/khj,  to the agoranomeion, asking for opening the will. The Application for opening of wills  was presented to the strategus, who had to attend the procedures of its opening.    Witnesses or at least the majority of them "maior pars signatorum" who had sealed the will, had  also to attend these procedures  to revise their seals and to make sure that the will was under seals e)pi/ sfragi/dwn, and that the seals were intact.

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