On the Estate of Astyphilus (30-34)

Witnesses

My father took Astyphilus with him when he was a child, as also he took me, to the religious ceremonies on every occasion; he also introduced him to the confraternity of Heracles in order that he might become a member of this association. The other members will themselves bear witness to this.

Witnesses

Next consider, gentlemen, my own relations with my brother. In the first place, I was brought up with him from infancy; secondly, I never had a quarrel with him, but he had a great affection for me, as all the members of our family and our friends know. I should like them to come forward and testify to you.

Witnesses

Can you imagine, gentlemen, that Astyphilus, detesting Cleon so heartily and having experienced so many kindnesses at the hands of my father, would himself have adopted a son of one of his enemies or bequeathed his property to him, to the detriment of his benefactors and relatives? Personally, I regard it as impossible, even though Hierocles produces forged wills ten times over: no, I am convinced that, because I am his brother and we were bound together by every other tie, I have a much stronger claim than the son of Cleon;

for it was positively indecent in them to put forward pretensions to the estate of Astyphilus, when they were on the terms with him that I have described and never buried his remains, but entered into possession before performing the customary rites over him. Further, they intend now to demand the succession to Astyphilus's property not only because of the will which they allege to exist, but also by a comparison of their relationship and mine, on the ground that Cleon was a first cousin of the deceased on his father's side.

There is little likelihood, however, gentlemen, of your paying any attention to his claim of kinship; for no one, after passing by adoption into another family, has ever inherited from the family out of which he was adopted, unless he re-entered it in the proper legal manner.[*]⋯These men,[*] however, well knowing that Astyphilus never adopted Cleon's son, though he has often presented himself, have never given him any share in the victims. Please take this deposition also.

Deposition

I call upon you, therefore, to decide between us after considering our declarations under oath. Cleon declares that his son was adopted by Astyphilus and that the latter made dispositions to this effect; this I deny and declare that all Astyphilus's possessions belong to me, because I am his brother, as my opponents are themselves well aware. Do not, therefore, gentlemen, give Astyphilus an adopted son whom he himself never in his life adopted, but confirm in my favor the laws which you yourselves enacted; for it is in conformity with them that I make my claim, addressing to you a most pious prayer, that you should establish me as heir of my brother's property.