On the Estate of Nicostratus (15-19)

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—

and, secondly, the laws, not only those which deal with consanguinity but also those which treat of testamentary disposition, are in favor of kinsmen. For the law allows no one to dispose of his own property if his reason is impaired by old age or disease or the other causes with which you are familiar; but by right of relationship the next-of-kin has an undisputed title to the property of a deceased person, whatever was the state of the latter's faculties.

Beside this, in order to believe in a will, you are obliged to rely on witnesses, by whom it is possible to be deceived—if this were not so, there would be no prosecutions for perjury—but when the claim is based on kinship, you act on your own authority, for the next-of-kin assert their right in accordance with the laws which you have laid down.

In addition to this, gentlemen, if those who claim under the will were admittedly close friends of Nicostratus, even then the conclusive proof would be lacking, though there would be a greater probability that the will could be regarded as genuine; for before now testators, being ill-disposed towards their kinsmen, have preferred strangers who were their friends to their nearest relatives by blood. But in the present case Nicostratus and Chariades were neither members of the same mess nor friends nor members of the same company,[*] and on all these points we have produced witnesses before you.

And consider this further point, which is of great importance and is the clearest possible proof of Chariades' impudence. Whereas he neither took up the body of his adopted father nor committed it to the flames nor collected the bones, but left all these duties to be done by complete strangers, should he not be regarded as most impious in claiming to inherit the property of the deceased, though he never performed any of the customary rites over him?