On the Estate of Philoctemon (5-9)

Androcles has made a number of extraordinary allegations in his protestation; I will take one point first and prove that Philoctemon made a will and adopted Chaerestratus here as his son. Seeing that Philoctemon had no issue by the woman to whom he was married, and since, as it was war-time, he was running considerable risks, serving in the cavalry and often sailing as trierarch, he resolved to dispose of his property by will, so that he might not leave his house desolate if anything happened to him.

He had had two brothers, both of whom died without issue: of his two sisters one, who was the wife of Chaereas, had no son and had never had one, though she had been married for many years; the other, who was wife of Phanostratus here, had two sons. It was the elder of these, Chaerestratus here, whom Philoctemon adopted as his son.

Under the terms of his will, if he had no child by his wife, Chaerestratus inherited his estate. He deposited his will with Chaereas, his brother-in-law, the husband of his other sister. This will shall now be read to you, and those who were present at its execution shall give evidence. Please read it.

Will. Witnesses

You have now heard that Philoctemon made a will, and on what conditions he adopted Chaerestratus as his son. To prove that he had a right to do so, I will produce the text of the law which is in my opinion the best source of information in such matters. Please read it.

Law

This law, gentlemen, holds good for all men alike, permitting anyone to dispose of his property in default of male issue, providing that, at the time of doing so, he is not insane or mentally incapacitated by old age or any other of the causes mentioned in the law. That Philoctemon did not fall under any of these exceptions, I will prove to you in a few words. For how could anyone dare to say that a man was not in full possession of his faculties, who all his life showed himself so good a citizen, that, owing to your esteem for him, he was considered worthy to hold command, and who died fighting against the enemy?