On The Estate Of Pyrrhus (55-59)

That he married her and took her to be his wife as the daughter of a mistress, has been proved and attested and that this evidence is true, Xenocles himself has testified by his conduct over a long period. For it is evident that, if he had not received the woman in marriage from Endius as the daughter of a mistress, seeing that he had children by her who have already reached a certain age,[*] he would have claimed her patrimony on behalf of the legitimate daughter from Endius during his lifetime,

especially as he was prepared to deny that the adoption of Endius by Pyrrhus ever took place; and it was because he denied it that he denounced those who have deposed that they were present when Pyrrhus made his will. And to prove that I am speaking the truth, the clerk shall read you the deposition then made. Read it to the court.

Deposition

Here is another proof that they do not admit that the adoption of Endius by Pyrrhus ever took place, namely, that they would never otherwise have thought of demanding the award of the inheritance to this woman, ignoring the long tenancy of the last heir. For Pyrrhus has been dead for more than twenty years, whereas Endius died in the month of Metageitnion[*] last year, in which month they promptly claimed the inheritance only two days after his death.

Now the law ordains that a petition for the adjudication of an inheritance must be presented within five years of the death of the last heir. Two courses were, therefore, open to the woman, either to claim her paternal inheritance during Endius's lifetime, or else, when the adopted son had died to claim that her brother's estate should be adjudicated to her, especially if, as our opponents allege, he had given her in marriage to Xenocles as his legitimate sister.

We all know perfectly well that every one of us has the right to claim the adjudication of a brother's estate, but that, if he has left legitimate children born of his body, no child need claim to have his patrimony adjudicated to him.[*] It is quite unnecessary to labor this point, for all of you, and all other citizens as well, possess your patrimonies without any adjudication by the courts.