(f) It is optional with the blood parents of an adopted child to settle no property on him, in case the parents by adoption provide for him in this respect.
The above settlements are customary. They can hardly be said to be rights, however. Often when a child is adopted, his blood parents stipulate with those who adopt as to the property settlement that will be made on the child.
58. Servants and slaves as inheritors.—Retainers have no rights whatever as to the property of their masters. Frequently, however, a small field is settled on them.
59. Wills and testaments.—There are no wills or testaments among the Ifugaos. If a man desires to make a settlement of his property that is out of the ordinary, he must do it before he dies. Even then he would have to get the family’s consent to the unusual features. Ifugao parents are singularly impartial in the allotment of the family property to their children. That some children are not loved more than others is unbelievable; but it is exceedingly rare that any child is favored above another in property settlements, except by the law of primogeniture. There is always a lot of talk in connection with the assignment or inheritance of family property—in the matter of talk the Ifugao is not different from other Malays. But it is not often that permanent ill feeling is engendered in such settlements. The laws of the descent of property are, as has been said, the clearest and most concise of all Ifugao laws.
Settlement of Debts of the Aged and Deceased
60. When the debtor has children.—At the same time that the wealth of the family is apportioned to the children, account is taken of the debts owed by the family. The debts may or may not be individually apportioned among the children. If the eldest child inherits or receives any property, the obligation of primogeniture holds as to the debts; that is to say, he is responsible for the payment of a greater proportion of them. Otherwise all the children are equally responsible. There are many cases in which the debts that are handed down by an Ifugao’s parents greatly exceed the property handed down.
Children who receive no family property are not responsible for the payment of the debts of the parents, provided there be a child or children that do receive family property. The apportionment of the debts of the deceased must be in proportion to the amount of property received. If none receive family property, all are responsible for payment.
61. When the debtor is childless but leaves a spouse.—A spouse is responsible only for those debts incurred in behalf of the couple’s mutual interests: for example, debts incurred in obtaining animals for sacrifice in case of sickness of the children of the couple, or for sacrifice at the funeral feasts of the children, or for the purchase of rice fields or other joint possessions of the spouses. A spouse may not be held for debts incurred in the purchase of animals for sacrifice at the funeral feast of a member of the other’s family (except for the pig and death blanket due from her family in such cases), nor for debts incurred in paying fines or indemnities levied as a result of the other’s misdoing. A spouse may not even be held for debts incurred in providing sacrifices to secure the recovery of her husband from sickness (except for the pig due as stated under section 13; however, this pig is really her own obligation).
62. Debts for which the kin of the deceased are held.—When a debtor dies childless, the kin who inherit, if there be such, must pay debts that were incurred on behalf of their family. They are, too, jointly responsible with the wife, for these debts incurred on behalf of the debtor’s descendants. If there be nothing inherited, all the kin are responsible for these debts in proportion to nearness of the kinship.