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.

We were Cleonymus's nearest relatives, and lived on terms of greater intimacy with him than anyone else; and the laws have given us the right of succession as next of kin, as also did Cleonymus himself, owing to the affection which subsisted between us. And, further, Polyarchus, Cleonymus's father and our grandfather, gave instructions that, if Cleonymus should die without issue, he was to leave his property to us.

Though we have all these claims, our opponents, though they are our relatives and have no justice to urge, are not ashamed to bring us into court in a matter about which it would be disgraceful even for those who are no relatives at all to dispute.

But I think, gentlemen, that we and our opponents have not the same feelings towards one another; for I regard it as the worst feature of my present troubles, not that I am being unjustly placed in peril, but that I am at law with kinsmen, against whom even to defend oneself is not creditable; for I should not regard it as a less misfortune to injure them, my relatives, in my own defence than to have been originally injured by them.

They have no such sentiments, but have come against us after calling all their friends to their aid, and procuring orators and mustering all their forces, as though, gentlemen, they were going to punish foes, and not to harm kinsmen and relatives.

You will understand their shamelessness and greed better when you have heard the whole story. I will begin my narrative at a point which will, I think, enable you most readily to understand the matters in dispute.

We were orphans, and our uncle Deinias, our father's brother, assumed the guardianship of us. Now it so happened that he was at variance with Cleonymus; which of the two was to blame for this, it is not perhaps my business to determine, but I might justly find fault with both of them alike, inasmuch as, having previously been friends, without any real pretext, as the result of certain words which were spoken, they became so hastily at enmity with one another.

It was at this time, under the influence of this anger, that Cleonymus made this will: not because he had any complaint against us, as he subsequently stated, but because he saw that we were under the guardianship of Deinias, and was afraid that he might himself die while we were minors, and that Deinias might obtain control of the property, if it became ours; for he could not bear to think of leaving his bitterest enemy as the guardian of his relatives and in control of his property, and of the customary rites being performed over him, until we grew up, by one with whom he had been at variance in his lifetime.

Such were the sentiments under which, whether rightly or wrongly, he made this will; and when Deinias immediately asked him at the time whether he had any grievance against us or our father, he replied in the hearing of all that he had no fault to find with us, and so testified that it was his anger against Deinias and not his calm judgement which decided him to make this will. For surely, gentlemen, if he had been in his right senses, he would never have wished to injure us, who had never wronged him.

His subsequent conduct is the strongest proof in support of our contention, that even in acting thus he did not intend to injure us. For after Deinias's death, when things were going badly with us, he would not allow us to lack anything, but took us into his own house and brought us up, and saved our property when our creditors were scheming against it, and looked after our interests as though they were his own.

It is from these acts rather than from the will that his intentions must be discerned, and inferences must be drawn not from what he did under the influence of anger—through which we are all liable to err—but from his subsequent acts, whereby he made his attitude quite clear. In his last hours he showed still more plainly his feelings toward us.

For, when he was suffering from the illness of which he died, he wished to revoke this will, and directed Poseidippus to fetch the magistrate. Not only did he fail to do so, but he even sent away one of the magistrates who had come to the door. Cleonymus was enraged at this, and again gave instructions, this time to Diocles, to summon the magistrates for the following day, though he was in no fit state to transact business owing to his illness; but, although there was still good hope of his recovery, he died suddenly that night.

I will now produce witnesses to prove, first, that the motive of Cleonymus in making this will was not any grievance against us, but his enmity towards Deinias; secondly, that after Deinias's death he looked after all our interests, and took us to his own house and brought us up; and, thirdly, that he sent Poseidippus for the magistrate, but not only did he himself fail to summon him, but also sent him away when he came to the door.

To prove the truth of my statements, please call the witnesses.

Witnesses

Next call witnesses to testify that the friends of our opponents, including Cephisander, were of opinion that the parties should share the estate, and that we should have one third of all that Cleonymus possessed.

Witnesses

I think, gentlemen, that in any dispute about an inheritance, if the claimants can prove, as we can, that they are nearer both in affinity and in affection to the deceased, all other arguments are superfluous. But, since my opponents, though they can urge either of these titles, have the impudence to claim what does not belong to them, and are trumping up false arguments, I should like to say a few words on these very points.

They insist upon the will, declaring that Cleonymus sent for the magistrate because he wished, not to revoke it, but to correct it and to confirm the bequest in their favor. Now consider which is the more likely, that Cleonymus, now that he had become friendly towards us, wished to cancel the will which he had made in anger, or that he was seeking a still surer means to deprive us of his property.

All other men afterwards repent of wrongs which they have done to their relatives in moments of anger; Cleonymus is represented by my opponents as desirous, when he was on terms of the closest affection with us, still further to confirm the will which he made in anger. So, even if we were to admit that he did so and you yourselves were to believe it, my opponents, you must observe, are accusing Cleonymus of utter madness.