On The Estate Of Pyrrhus (65-69)

While, then, the necessary consequence of this law is that women who have been given in marriage by their fathers are thus liable to be legally claimed, would any one of Pyrrhus's uncles, if Phile were a legitimate daughter left by him, have allowed Xenocles to take and marry a woman who belonged to them by right of kinship and thus make him heir[*] to so large a fortune instead of themselves? Do not believe it, gentlemen;

no man so hates his own advantage and prefers the interest of strangers to his own. If, therefore, they pretend that the adoption of Endius annulled their rights over this woman and allege that it is for this reason that they laid no claim to her, the following questions must be put to them: First, why have they attacked those who have borne witness to the adoption of Endius by Pyrrhus if they admit that it took place?

And, secondly, why did they think fit to claim the succession to Pyrrhus's estate illegally, ignoring him who was its last tenant? Furthermore, you should ask them whether any legitimate child ever thinks of requesting the court to adjudicate to him what is his own. These are the questions with which you should oppose their impudence. That the woman could be legally claimed by her next-of-kin, if she was really a legitimate daughter of the deceased, appears most evidently from the laws.

The law states explicitly that, in the absence of legitimate male issue, a man can dispose of his property as he pleases, but that, if he has daughters, the legatees must take them as well. Thus a man may bequeath and dispose of his property with his daughters, but he may not either adopt a son or leave any of his possessions to anyone without also disposing of his legitimate daughters.

If, therefore, Pyrrhus adopted Endius as his son without also disposing of his legitimate daughter, the adoption would have been void in the eyes of the law; if, on the other hand, he intended to give him his daughter and after adopting him on these terms left her to him, how could you, the uncles of Pyrrhus, have allowed Endius to have the estate of Pyrrhus adjudicated to him without his taking also his legitimate daughter, if he had one, especially as you testified that your nephew solemnly charged you to look after this girl?