On The Estate of Cleonymus (40-44)

but now that property has been left, will you regard it as just that others, rather than we, should inherit it? Your verdict, then, will not be just or in your own interest or in harmony with the law, if you are going to force those who are next of kin to share in the misfortunes of their relatives, but, when money has been left, give anyone rather than them the right to its possession.

It is only right, gentlemen, that you should—as indeed you do—give your verdicts on grounds of affinity and the true facts of the case in favor of those who claim by right of kinship rather than of those who rely on a will. For you all know what a family relationship is, and it is impossible to misrepresent it to you; on the other hand, false wills have often to be produced—sometimes complete forgeries, sometimes executed under a misapprehension.

In the present case you are all aware of our kinship and close relations with the deceased, which are the basis of our claim; but none of you has any knowledge that the will was valid, in reliance upon which our opponents are scheming against us. Further, you will find that our relationship to the deceased is admitted even by our adversaries, whereas the will is contested by us, for they prevented him from annulling it when he wished to do so.

So, gentlemen, it is much better that you should give your verdict on the ground of our affinity, which is admitted by both sides, rather than in accordance with the will which was not properly drawn up. Remember also that Cleonymus made the will in a misguided moment of passion, but was in his right mind when he revoked it; it would, therefore, be an extraordinary proceeding to let his momentary passion prevail rather than his reasoned intention.

I think that you yourselves consider it your right to inherit—and feel a grievance if you do not do so—from those who have a claim to inherit from you. Supposing, therefore, that Cleonymus were alive and that our family or that of our opponents had become extinct, consider to which family Cleonymus had the prospect of becoming heir; for it is only fair that those should possess his property from whom he had a right to inherit.