On The Estate of Aristarchus (0)

Argument

A certain Aristarchus was the father of four children, Cyronides, Demochares, the mother of the speaker of this oration, and another daughter. During his lifetime he gave Cyronides in adoption to be heir of the estate of his maternal grandfather Xenaenetus, and left his other children as his own heirs. Subsequently Demochares died without issue, as also did one of the daughters, and the whole estate passed by law to the mother of the speaker. Such was the position of affairs; but, after the death of Aristarchus, Aristomenes, his brother and now the legal representative of his brother's children, gave his own daughter in marriage to Cyronides, the son of Aristarchus, who had been adopted out of the family, having promised to obtain for him the estate of Aristarchus. This he succeeded in doing; for, when a son was born to Cyronides, they first gave him his grandfather's name, calling him Aristarchus (II.), and then had him adopted into his grandfather's family, on the ground that the latter had given instructions to this effect, and Aristomenes handed over to him all his grandfather's estate. Aristarchus (II.), dying without issue, constituted his own brother Xenaenetus (II.) by will as his heir. This being so and Xenaenetus being in possession of the property of Aristarchus the elder, the son of the latter's daughter claims the estate from him, asserting that he is himself by law the sole heir to the fortune of Aristarchus the elder. For, he declares, Cyronides passed out of the family by adoption, and his father, having a legitimate son, namely, Demochares, could not adopt a child; nor were Demochares, being under age, and the other sister who predeceased him in a position to adopt a son into their father's family. Therefore, he argues, since the adoption of Aristarchus the younger was not good in law, his will could not stand either; for how could he pass on to another property which he acquired without right? The will being thus annulled, the estate ought naturally to pass to the speaker as son of the legitimate daughter of Aristarchus the elder. Such is the subject; the discussion is concerned with validity, namely, that of a written document; for the questions are whether such a will ought to stand and which party has the better claim.