On the Estate of Hagnias (5-9)

Laws

Stop. I wish to question you. Is the child a brother of Hagnias, or a nephew, the son of a brother or sister, or a first cousin, or the child of a first cousin on his mother's or his father's side? Which of these titles, which are regarded by the law as constituting kinship, does he possess? And beware of saying that he is my nephew; for it is not a question now of my estate, for I am still alive. If I had died without issue and he were claiming my property, it would be quite fitting that he should give this reply to one who interrogated him. On the present occasion, however, it is the half of Hagnias's estate that you say belongs to the child; you must, therefore, define the degree of relationship which unites him to Hagnias. Tell these gentlemen, therefore, what it is.

You observe that he cannot define the relationship, but gives any sort of answer rather than the information which you require. Yet one who is acting in good faith ought not to be embarrassed, but ought to be able to answer immediately, and not only so but also swear an oath and produce witnesses about the degree of relationship, so that you might have attached greater credence to what he said. As it is, regarding matters about which he has given no answer, produced no witnesses, sworn no oath and quoted no law, he thinks that you, who have sworn to give your verdict according to the laws, ought to believe him and illegally condemn me in this criminal suit. This is the wicked and shameless sort of scoundrel that he is.

I have no intention of following his example; instead, I shall state my degree of relationship and the basis of my claim to the estate, and I shall prove, in such a manner as to win your assent, that the child and the former claimants against me for the estate are all outside the limits of kinship. I must state the facts from the beginning; for you will thus recognize my claim as next-of-kin and see that my opponent has no title to the succession.

Hagnias, Eubulides, Stratocles, Stratius, the brother of Hagnias's mother, and I, gentlemen, are all the children of cousins, our fathers having been cousins, the children of brothers by the same father. When Hagnias was preparing to set out as ambassador on that mission[*] which had such favorable results for the city, he did not leave his possessions, in case anything happened to him, to us, his nearest relatives, but adopted a niece; and if anything happened to her, he devised his property to Glaucon, his half- brother on his mother's side. These dispositions he embodied in a will.

After some interval of time Eubulides died. The daughter whom Hagnias had adopted also died, and Glaucon received the estate in accordance with the will. We never for a moment thought of contesting Hagnias's will, but considered that his intentions regarding his own property ought to be carried into effect, and by these we abode. But the daughter of Eubulides, with the assistance of her confederates, laid claim to the estate and obtained it, having gained an action against those who based their rights on the will. She was outside the prescribed degree of kinship, but hoped, it seems, that we should not bring an action against her, because we had not contested the will either.