On the Estate of Nicostratus (25-29)

For, if my clients, who claim by right of kinship, receive the estate, it will be always open to the supposed kinsmen whenever they like at any future date to claim the estate on the grounds of relationship, and prove to you that they are themselves more nearly related to Nicostratus, and that he was the son of Smicrus and not of Thrasymachus. On the other hand, if Chariades inherits the estate, it will never be possible for any relative to bring an action for the property of Nicostratus; for when once the property is in possession of one to whom it has been adjudicated in virtue of a will, what will those who claim by right of kinship be able reasonably to allege?

Whatever each of you would consider just on his own behalf, let that be your determination in favor of these young men. They have produced before you witnesses to prove, first, that they and Nicostratus are first cousins, the sons of own brothers; secondly, that they never had any quarrel with him; thirdly, that they carried out his burial; and further that Chariades was never a friend of Nicostratus either here in Athens or in the army, and, lastly, that the supposed business association between them, on which Chariades most relies, is a fiction.

Apart from this, gentlemen, it is only right that you should examine the characters of the respective claimants. Thrasippus, the father of Hagnon and Hagnotheus, has before now supported public burdens and paid contributions and otherwise proved himself a worthy citizen. My clients themselves have never quitted this country unless they have been sent somewhere by your orders, and at home they are not unserviceable to the state; they serve in the army, they make contributions and in every other respect perform what is required of them, and, as everyone knows, they behave as law-abiding citizens;

so that it is much more fitting that they should claim to receive the estate by gift than Chariades. The latter, when he resided here, was first caught in the act of theft and thrown into prison; he was subsequently released with certain other criminals by the Eleven,[*] all of whom you publicly condemned to death,[*] and, having been again denounced to the Council as a malefactor, he absconded and did not appear to answer the charge,

and for seventeen years after this he never came near Athens, and only returned on the death of Nicostratus. He has never once served the state as a soldier nor made any contribution, except perhaps since he claimed Nicostratus's estate, nor has he performed any other public service. And now, though such is his character, so far from being content if he avoids punishment for his misdeeds, he actually claims the property of others!