On The Estate of Apollodorus

Now these bodies have a uniform rule, that when a man introduces his own son or an adopted son, he must swear with his hand upon the victims that the child whom he is introducing, whether his own or an adopted son, is the offspring of an Athenian mother and born in wedlock; and, even after the introducer has done this, the other members still have to pass a vote, and, if their vote is favorable, they then, and not till then, inscribe him on the official register; such is the exactitude with which their formalities are carried out.

Such being the rule, the members of the families and of the ward having full confidence in Apollodorus and being well aware that I was his sister's son, passed an unanimous vote and inscribed my name in the public register, after Apollodorus had sworn with his hand upon the victims. Thus I was adopted by him in his lifetime and my name inscribed in the public register as Thrasyllus the son of Apollodorus, after he had adopted me in this manner, as the laws have given him the power to do. To prove that I am speaking the truth, please take the depositions.

Depositions

I imagine, gentlemen, that you would more readily believe those who have given evidence, if certain of the relatives of the same degree as my opponent have obviously attested by their conduct that Apollodorus carried out the adoption in a correct and legal manner. Now Eupolis left two daughters, one who is the present claimant and the wife of Pronapes, and another whom Aeschines of Lusia married and who is dead, but left a son Thrasybulus, who is now of full age.

There is a law which provides that, if a brother by the same father dies without issue and intestate, his property shall be divided equally between his surviving sister and any nephew who has been born from another sister. My opponents themselves are well aware of this, as their actual conduct has proved; for, Eupolis's son, Apollodorus (II.), having died without issue, Thrasybulus has received half his estate, which may fairly be estimated at five talents.

Thus the law gives the sister and the sister's son an equal share of their father's and their brother's estate; but when a first cousin, or any other kinsman in a remoter degree, dies, it no longer grants such equality, but gives the male relatives the right of succession as next-of-kin in preference to the female. For it declares that “the males and the issue of the males, who are descended from the same stock, shall be preferred, even though their relationship to the deceased is more remote.” The wife of Pronapes, therefore, had no right to claim a share at all, and Thrasybulus ought to have claimed the whole if he regarded my adoption as invalid.

Yet from the first he has never disputed my title nor has he now made any claim at law to the estate, but has admitted that everything is in order. On the other hand, those who are acting for this woman have dared—such is their impudence—to claim the whole estate. Take the clauses of the law[*](The law is given in extenso in Dem. 43.51.) which they have violated and read them to the court.