On The Estate of Cleonymus (30-34)

Again, if Cleonymus had entertained the same feelings towards both parties at the time of his death as when he made the will, some of you might reasonably believe my opponents' story; as it is, you will find that the exact contrary is true. Then he was at variance with Deinias, who was acting as our guardian, and was not yet on terms of close intimacy with us, and was kindly disposed towards all my opponents; at the time of his death he had become at variance with some of them, and was living on terms of closer intimacy with us than with anyone else.

On the causes of the quarrel between my opponents and Cleonymus it is unnecessary for me to dwell; but I will mention some striking proofs of its existence, of which I shall be able also to produce witnesses. Firstly, when he was sacrificing to Dionysus, he invited all his relatives and many other citizens besides, but he offered no place to Pherenicus. Again, when, shortly before his death, he was journeying to Panormus[*] with Simon and met Pherenicus, he could not bring himself to speak to him.

Furthermore, when Simon asked him about the quarrel, he narrated the circumstances of their enmity, and threatened that some day he would show Pherenicus what were his feelings towards him. Now call witnesses to prove the truth of these statements.

Witnesses

Do you imagine, gentlemen, that Cleonymus, being thus disposed towards both parties, acted thus towards us, with whom he lived on terms of the closest affection, in order to leave us without a word to say, while he sought means to confirm the bequest of his whole property to my opponents, with some of whom he was at variance? And that, although this enmity subsisted, he thought more highly of them, and, in spite of the intimacy and affection which had sprung up between us, tried rather to injure us?

For my part, if they wished to attack the will and the deceased, I do not know what else they could have said to you, since they represent the will as incorrect and disapproved by the testator, and accuse him of being so insane that, according to them, he set more store by those who were at variance with him than by those with whom he was living on terms of the closest affection, and left all his property to those with whom in his lifetime he was not on speaking terms, while he did not consider those, whom he had treated as his closest friends, as worthy of the smallest share of his estate. Who of you, then, could vote for the validity of this will,