On The Estate of Cleonymus (10-14)

It was at this time, under the influence of this anger, that Cleonymus made this will: not because he had any complaint against us, as he subsequently stated, but because he saw that we were under the guardianship of Deinias, and was afraid that he might himself die while we were minors, and that Deinias might obtain control of the property, if it became ours; for he could not bear to think of leaving his bitterest enemy as the guardian of his relatives and in control of his property, and of the customary rites being performed over him, until we grew up, by one with whom he had been at variance in his lifetime.

Such were the sentiments under which, whether rightly or wrongly, he made this will; and when Deinias immediately asked him at the time whether he had any grievance against us or our father, he replied in the hearing of all that he had no fault to find with us, and so testified that it was his anger against Deinias and not his calm judgement which decided him to make this will. For surely, gentlemen, if he had been in his right senses, he would never have wished to injure us, who had never wronged him.

His subsequent conduct is the strongest proof in support of our contention, that even in acting thus he did not intend to injure us. For after Deinias's death, when things were going badly with us, he would not allow us to lack anything, but took us into his own house and brought us up, and saved our property when our creditors were scheming against it, and looked after our interests as though they were his own.

It is from these acts rather than from the will that his intentions must be discerned, and inferences must be drawn not from what he did under the influence of anger—through which we are all liable to err—but from his subsequent acts, whereby he made his attitude quite clear. In his last hours he showed still more plainly his feelings toward us.

For, when he was suffering from the illness of which he died, he wished to revoke this will, and directed Poseidippus to fetch the magistrate. Not only did he fail to do so, but he even sent away one of the magistrates who had come to the door. Cleonymus was enraged at this, and again gave instructions, this time to Diocles, to summon the magistrates for the following day, though he was in no fit state to transact business owing to his illness; but, although there was still good hope of his recovery, he died suddenly that night.