On the Estate of Menecles (35-39)

Evidence

Thus it is my uncle here, gentlemen, who has inherited the property of Menecles—really and not merely nominally, as I have—and has a much larger share than I have; for I received only the three hundred drachmae which remained over out of the proceeds of the sale and a small house not worth three minae. My opponent, on the other hand, being in possession of land worth more than ten minae, has now, moreover, come into court with the object of rendering desolate the house of the deceased.[*]

I, the adopted son, with the aid of my wife, the daughter of Philonides here, tended Menecles while he lived and gave his name to my little son, in order that his family might not lack a representative. On his death, I buried him in a manner befitting both him and myself, and I erected a fine monument to him and celebrated the commemorative ceremony on the ninth day and performed all the other rites at the tomb in the best manner possible, so that I won the praise of all the members of my deme.

But my opponent, his kinsman, who blames him for having adopted a son, during his lifetime deprived him of the landed property which remained to him, and, now that he is dead, wishes to render him childless and wipe out his very name; that is the kind of man he is. In proof that I buried Menecles and performed the ceremonies on the third and ninth days and all the other rites connected with the burial, the clerk shall read you the depositions of those who are acquainted with the facts.

Evidence

In support of the truth of my assertion, gentlemen, that Menecles, when he adopted me, was not insane or under the influence of a woman, I wish to bring before you my opponents themselves as witnesses, not in word but in deed, by their own conduct. For it is notorious that both of them went through the process of reconciliation with me and not with Menecles, and swore an oath to me, as I did to them.

Yet if the adoption had not been carried out in proper legal form and I had not been recognized as heir to Menecles' property by my opponents themselves, what need was there for them to swear to me and to receive an oath from me? Surely none. By so acting then they themselves clearly bear witness that I was legally adopted and am the rightful heir of Menecles.