y. The child
was then adopted to care for the parents' old age. This was done by
contract, which usually specified what the parent had to leave and what
maintenance was expected. The real children, if any, were usually
consenting parties to an arrangement which cut off their expectations. They
even, in some cases, found the estate for the adopted child who was to
relieve them of a care. If the adopted child failed to carry out the filial
duty the contract was annulled in the law courts. Slaves were often adopted
and if they proved unfilial were reduced to slavery again.
A craftsman often adopted a son to learn the craft. He profited by the
son's labour. If he failed to teach his son the craft, that son could
prosecute him and get the contract annulled. This was a form of
apprenticeship, and it is not clear that the apprentice had any filial
relation.
A man who adopted a son, and afterwards married and had a family of his
own, could dissolve the contract but must give the adopted child one-third
of a child's share in goods, but no real estate. That could only descend in
the family to which he had ceased to belong. Vestals frequently adopted
daughters, usually other vestals, to care for their old age.
Adoption had to be with consent of the real parents, who usually executed a
deed making over the child, who thus ceased to have any claim upon them.
But vestals, hierodules, certain palace officials and slaves had no rights
over their children and could raise no obstacle. Foundlings and
illegitimate children had no parents to object. If the adopted child
discovered his true parents and wanted to return to them, his eye or tongue
was torn out. An adopted child was a full heir, the contract might even
assign him the position of eldest son. Usually he was residuary legatee.
All legitimate children shared equally in the father's estate at his death,
reservation being made of a bride-price for an unmarried son, dower for a
daughter or property deeded to favourite children by the father. There was
no birthright attaching to the position of eldest son, but he usually acted
as executor and after considering what each had already received equalized
the shares. He even made grants in excess to the others from his own share.
When there were two mothers, the two families shared equally in the
father's estate until later times when the first family took two-thirds.
Daughters, in the absence of sons, had sons' rights. Children also
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