On The Estate of Cleonymus

but now that property has been left, will you regard it as just that others, rather than we, should inherit it? Your verdict, then, will not be just or in your own interest or in harmony with the law, if you are going to force those who are next of kin to share in the misfortunes of their relatives, but, when money has been left, give anyone rather than them the right to its possession.

It is only right, gentlemen, that you should—as indeed you do—give your verdicts on grounds of affinity and the true facts of the case in favor of those who claim by right of kinship rather than of those who rely on a will. For you all know what a family relationship is, and it is impossible to misrepresent it to you; on the other hand, false wills have often to be produced—sometimes complete forgeries, sometimes executed under a misapprehension.

In the present case you are all aware of our kinship and close relations with the deceased, which are the basis of our claim; but none of you has any knowledge that the will was valid, in reliance upon which our opponents are scheming against us. Further, you will find that our relationship to the deceased is admitted even by our adversaries, whereas the will is contested by us, for they prevented him from annulling it when he wished to do so.

So, gentlemen, it is much better that you should give your verdict on the ground of our affinity, which is admitted by both sides, rather than in accordance with the will which was not properly drawn up. Remember also that Cleonymus made the will in a misguided moment of passion, but was in his right mind when he revoked it; it would, therefore, be an extraordinary proceeding to let his momentary passion prevail rather than his reasoned intention.

I think that you yourselves consider it your right to inherit—and feel a grievance if you do not do so—from those who have a claim to inherit from you. Supposing, therefore, that Cleonymus were alive and that our family or that of our opponents had become extinct, consider to which family Cleonymus had the prospect of becoming heir; for it is only fair that those should possess his property from whom he had a right to inherit.

If Pherenicus or one of his brothers had died, their children, and not Cleonymus, had the prospect of becoming entitled to the property which they left behind. If, on the other hand, such a fate had befallen us, Cleonymus had the prospect of becoming heir to everything; for we had no children or other relatives, but he was a next-of-kin and most closely bound to us by ties of affection;

for which reasons the laws have given him the right of succession, and we should never have thought of making this bequest to anyone else. For we should never, I imagine, have in our lifetime placed our property in his hands in such a way that his wishes prevailed over our own in the matter of what belonged to us, and yet, at our death, have wished others to inherit it rather than our closest friend.

Thus, gentlemen, you will find us bound to Cleonymus by the double tie of mutual bequest and inheritance, while you will find my opponents acting impudently and talking of close connection and affinity, because they expect to profit thereby. If it were a question of giving anything away, there are many kinsmen and friends whom they would have preferred as nearer and dearer than him.

I will now sum up what I have said, and I beg the close attention of you all. As long as my opponents try by these arguments to prove and attempt to persuade you that this will represents Cleonymus's intentions, and that he never subsequently regretted having made it, but still wished us to receive none of his estate and to confirm the bequest to them—

yet, while stating and insisting on all these points, they never really prove either that they are nearer of kin to Cleonymus or that they were on terms of closer intimacy with him than we were—remember that they are merely accusing him and are not demonstrating to you the justice of their cause.

If, therefore, you believe what they say, you ought not to declare them heirs to Cleonymus's estate but to pronounce Cleonymus insane. If, on the other hand, you believe what we say, you must consider that Cleonymus exercised his proper judgement when he wished to revoke the will, and that we are not bringing a vexatious suit but are making a just claim to the inheritance.

Lastly, gentlemen, remember that it is impossible for you to decide the matter on the basis of their arguments; for it would be extraordinary, when our adversaries decide that we are entitled in justice to part of the estate, if your verdict is to give them the whole of it, and if you shall hold that they ought to receive more than the amount to which they considered themselves entitled, while you do not award us even as much as our adversaries conceded.