On The Estate of Cleonymus

Argument

Cleonymus having died, his nephews claim his estate as the natural heirs. They admit that the will in favor of Pherenicus, Simon,[*](The insertion of Simon's name here is a mistake; he was only a friend of Cleonymus (see Isaeus 1.31-32).) and Poseidippus, and produced by these persons, was the genuine will of Cleonymus, and was deposited by Cleonymus with the magistrates at a time when he was angry with their guardian Deinias; they allege, however, that he subsequently tried to annul the will, and after having sent for the police-magistrate, died suddenly. They further allege that Polyarchus, their grandfather and Cleonymus's father, instructed the latter, if anything should happen to him, to leave his property to them. The question at issue is a decision between the conflicting claims of the two parties, one basing their claim on the original will, the other relying on the last acts of Cleonymus, and alleging that he sent for the magistrate in order to annul the will.

Great indeed, gentlemen, is the change which the death of Cleonymus has brought upon me. In his lifetime he devised his property to us; his death has exposed us to the danger of losing it. While he lived, we were so discreetly brought up by him that we never entered a law court even as listeners; now we have come here to fight for all that we possess; for our opponents claim not only Cleonymus's property, but also our patrimony, alleging that we owe his estate money as well.

Their own friends and relatives concede our right to an equal share with them in the undisputed property which Cleonymus left behind him; but our opponents have become so impudent that they are seeking to deprive us even of our patrimony—not because they are ignorant, gentlemen, of what is just, but because they are convinced of our utter helplessness.

For consider the grounds on which the respective parties rely in coming before you. Our opponents insist upon a will which our uncle drew up, not because he had any ground of complaint against us, but through anger against one of our relatives, and which he annulled before his death, sending Poseidippus to the magistrate's office for the purpose.