On the Estate of Astyphilus (5-9)

Witnesses

That Cleon did not bury Astyphilus, even he himself would not deny, and evidence of the fact has been given you. On my return home I found my opponents in enjoyment of the property of the deceased; [I, therefore, sought out Cleon, who informed me that][*] his son had been adopted by Astyphilus, and that the latter had left a will to this effect in the keeping of Hierocles of Iphistiadae.[*] On hearing this from him I proceeded to the house of Hierocles, knowing full well that he was on terms of the closest possible intimacy with Cleon,

though I never thought that he would dare to lie against the wishes of Astyphilus now that he was dead, especially as he was his uncle as well as mine.[*] Nevertheless, gentlemen, regardless of these considerations, Hierocles in reply to my questions stated that the will was in his possession and said that he had received it from Astyphilus when he was on the point of sailing to Mytilene. And to prove that he made these statements, please read this deposition.

Deposition

Since, then, gentlemen, no one of my brother's relatives was present when he died and I was abroad when his remains were brought hither, I am obliged to use the actual statements of my adversaries to prove that the will is a forgery. It is only reasonable to suppose that Astyphilus did not merely feel a desire to adopt a son, but also provided that whatever dispositions he made should be as effectual as possible, and that, whomsoever he adopted, that person should both possess his estate and have access to his ancestral altars and perform all the customary rites for himself after his death and for his forefathers.

He would be assured that all these intentions would be best effected, not if he made his will without the attestation of any of his friends, but if he summoned first his kinsmen, then the members of his ward and deme, and finally as many as possible of his other acquaintances; for then anyone who might claim the estate either as next-of-kin or as legatee could be easily convicted of false pretences.

Astyphilus is shown to have taken none of these precautions, and not to have summoned any of the persons whom I have mentioned when he made the will which my opponents allege that he made—unless, indeed, anyone has been suborned by them to state that he was present. I will myself produce all these persons before you as witnesses.