On the Estate of Dicaeogenes (5-9)

Affidavit

If then, gentlemen, these were the only points with which Leochares or Dicaeogenes (III.) were going to deal in their defence, what I have already said would suffice; but since they are prepared to treat of the question of the inheritance from the beginning, I should like you to hear the facts from my side also, that, knowing the truth instead of being misled, you may give an unbiased verdict.

Our grandfather, Menexenus (I.) had an only son, Dicaeogenes (II.), and four daughters, one of whom was married to my father, Polyaratus, another to Democles of Phrearrhi, the third to Cephisophon of Paeania, while the fourth was the wife of Theopompus, the father of Cephisodotus.

Dicaeogenes, having sailed out as commander of the Paralus,[*] was killed in action at Cnidus.[*] He died without issue, and Proxenus, the father of Dicaeogenes (III.) here, produced a will, in reliance on which our fathers[*] distributed his estate. Under the will Dicaeogenes (III.) here was to be recognized as the adopted son of Dicaeogenes (II.), the son of Menexenus (I.) and our uncle, and heir to a third of his estate of the remainder an equal share was adjudicated to each of the daughters of Menexenus (I.). Of these facts I will produce before you as witnesses those who were present on that occasion.

Witnesses

When they had thus divided up the inheritance, having sworn not to transgress the terms agreed upon, each remained in possession of the share which he had received for twelve years. During all this period, though the courts sat, no one of them thought of claiming that there was any injustice in what had been done, until, when the city suffered misfortune and strife arose,[*] Dicaeogenes (III.) here, acting at the instigation of Melas the Egyptian, whose advice he followed in everything, claimed from us the whole estate, alleging that he had been adopted as sole heir by our uncle.

We thought him mad in bringing the action; for we could never imagine that the same man could at one time state that he had been adopted as heir to one-third and at another time that he had been adopted as sole heir, and be believed by you to be speaking the truth. However, on coming into court, though we had by far the better case, we were cheated of our rights, not by the judges but by Melas the Egyptian and his friends, who thought that the misfortunes of the city gave them liberty to possess themselves of other people's property and to bear false witness in support of one another, and by their acting in this manner the judges were misled.

Thus we, the victims of perjury, lost our property; for our father died not long after the case was tried and before he could prosecute those of the witnesses whom he had indicted. Dicaeogenes (III.), on obtaining against us the verdict which he desired, that very same day forcibly deprived of her share the daughter of Cephisophon of Paeania, the niece of Dicaeogenes (II.) who left the money; robbed the former wife of Democles of what Dicaeogenes (II.) had left her; and robbed the mother of Cephisodotus and Cephisodotus himself of all they possessed.