On the Estate of Nicostratus (14-15)

Since, then, it is possible to deceive those who were admittedly present when the will was made, how much more easily might an attempt be made to impose upon you who know nothing of the matter?

Again, gentlemen, the law ordains that a will in order to be valid must not merely be executed but executed by a man in his right senses. You ought, therefore, to examine, first, whether the deceased made a will and, secondly, whether he was in his right mind at the time.

Since, however, we deny that a will was made at all, how can you decide whether that a man was insane when he made a will, until you are convinced that actually he made a will? Observe, then, how difficult it is to discover whether those who claim under a will are telling the truth; those, on the other hand, who claim by right of kinship, in the first place, need not produce witnesses to prove that the inheritance is theirs—for it is universally admitted that the property of a deceased person devolves on his next-of-kin—