On the Estate of Menecles (0-4)

Argument

Menecles adopted a son and lived for twenty-three years after the date of the adoption. When his brothers[*] claimed his estate, a certain Philonides attested that the estate was not adjudicable, because Menecles had left a son. The brothers then brought an action for perjury against Philonides, and it is against them that the son undertakes the defence of Philonides. The speech, which is in defence of a will, is the counterpart of that delivered “On the Estate of Cleonymus,”[*] which upholds the rights of kindred. The discussion concerns a point of law with a controversy on a point of fact; for the speaker affirms that the deceased had the right to adopt a son, and then deals with the point of fact, saying, “It was not under the influence of a woman that he adopted me.”

I think, gentlemen, that, if any adoption was ever made in accordance with the laws, mine was, and no one could ever dare to say that Menecles adopted me in a moment of insanity or under the influence of a woman. But since my uncle, acting, as I assert, under a misapprehension, is trying by every means in his power to deprive his dead brother of descendants, showing no respect for the gods of his family or for any of you, I feel constrained to come to the aid of the father who adopted me, and to my own aid.

I intend, therefore, first to show you that my adoption was appropriate and legal, and that there is no question of adjudicating the estate of Menecles, since he had a son, namely, myself, and that the evidence of the witness was true. I beg and entreat and beseech you all to listen with favor to what I have to say.

My father, gentlemen, Eponymus of Acharnae,[*] was a friend and close acquaintance of Menecles and lived on terms of intimacy with him; there were four of us children, two sons and two daughters. After my father's death we married our elder sister, when she reached a suitable age, to Leucolophus, giving her a dowry of twenty minae.

Four or five years later, when our younger sister was almost of marriageable age, Menecles lost his first wife. When he had carried out the customary rites over her, he asked for our sister in marriage, reminding us of the friendship which had existed between our father and himself and of his friendly disposition towards ourselves.