Against Leochares

Demosthenes

Demosthenes. Vol. V. Private Orations, XLI-XLIX. Murray, A. T., translator. Cambridge, MA: Harvard University Press, 1939 (printing).

To go back to the beginning, men of the jury, there were born to Euthymachus, of Otrynê,[*](See note 1 above.) three sons, Meidylides and Archippus and Archiades, and a daughter whose name was Archidicê. After the death of their father the brothers gave Archidicê in marriage to Leostratus of Eleusis[*](Eleusis was a deme of the tribe Hippothontis.) ; of the three brothers Archippus lost his life at Methymna[*](Methymna was a town in Lesbos.) while serving as trierarch, and Meidylides not long afterward married Mnesimache, the daughter of Lysippus of Crioa.[*](Crioa was a deme of the tribe Antiochis.)

To him there was born a daughter, Cleitomachê by name, whom he wished to give in marriage to his own brother, who was still unmarried; but since Archiades declared that he did not wish to marry, and for this reason allowed the property to remain undivided, and lived by himself in Salamis, Meidylides at length gave his daughter in marriage to Aristoteles of Pallenê,[*](Pallenê was a deme of the tribe Antiochis.) my grandfather. Of them were born three sons, Aristodemus here, my father, and Habronichus, my uncle, and Meidylides, who is now dead. Our right of inheritance, based on kinship in the family to which the estate belongs, is, men of the jury, substantially this.

For we are the nearest of kin to Archiades in the male line, and, as we deemed it right according to this law that we should inherit his estate, and not allow the family to be brought to extinction, we brought suit for the inheritance before the archon. Our opponents, who hold the property without right, have now filed an affidavit of objections, basing their entire claim upon adoption, but alleging also that they are near of kin.

Now, with regard to this adoption, we will show you plainly later on what its character was; but with reference to blood relationship, I must prove to you that they are not nearer of kin than we. One thing is admitted, that in the matter of inheritance males and those descended from males have the precedence, for the law explicitly gives the inheritance as their due to the nearest of kin in the male line, when there are no children. Well, it is we who answer this description; for Archiades is admitted to have died without issue, and we are the nearest of kin to him in the male line.