On The Estate of Apollodorus

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.

Clause of the Law

Under this clause the sister and the nephew share and share alike. Now take this clause and read it to the court.

Clause of the Law

If there are no first cousins or their children or other relatives on the father's side, then the law gives the right of inheritance to the relatives on the mother's side, specifying the order of succession. Now take this clause and read it to the court.

Clause of the Law

Such being the provisions of the law, Thrasybulus, a male relative, has not claimed even a portion of the estate, but those who are acting for this woman, a female relative, have claimed the whole of it; so persuaded are they that loss of honor is no loss. With this object, to prove that the whole estate ought to be awarded to them, they will have the impudence to use the argument that Thrasybulus has been adopted out of his own family into that of Hippolochides. While the fact is true, the conclusion drawn from it does not apply.

For what detriment was caused by this adoption to the bond of kinship which is in question? For it was not in the right of his father but in that of his mother that he has received half the estate of Apollodorus (II.), the son of Eupolis; and by this right of kinship he might have claimed the estate now in dispute, since he has a claim prior to that of this woman, if he thought that the act of adoption was not valid;

he is not, however, so devoid of honor. Now the act of adoption into another family does not detach a son from his mother; she is his mother just the same, whether he remains in his father's house or is adopted out of it. That is why Thrasybulus was not deprived of his share of the fortune of Apollodorus (II.), but has received half of it, sharing it with this woman. And to prove that I am speaking the truth, please call the witnesses to these facts.

Witnesses

Thus not only have the members of the families and of the ward borne testimony to my adoption, but also Thrasybulus has made it clear, by his conduct in not himself claiming the estate, that he considers the acts of Apollodorus[*](i.e. the adoption of the speaker.) to be valid and in conformity with the laws; for otherwise he would not fail now to claim so large a fortune. But there have been other witnesses to these facts.

For before my return from the Pythaid festival,[*](See Introduction.) Apollodorus informed his fellow demesmen that he had adopted me as his son and had registered me with the members of the families and of the ward and had committed his property to my care, and he begged them, if anything should happen to him before my return, to enroll me on the public register as Thrasyllus the son of Apollodorus and not to fail him in the matter.

Having heard this expression of his wishes, although our opponents complained at the electoral meeting of the deme and declared that Apollodorus had not adopted me, the members, as a result of what they had heard and from their own knowledge of the facts, took the oath over the victims and registered my name in accordance with Apollodorus's injunctions; so notorious among them was the fact of my adoption. And to prove the truth of my statements, please call the witnesses to these facts.

Witnesses

It was before all these witnesses, gentlemen, that my adoption took place, at a time when an inveterate enmity existed between Apollodorus and my opponent, and a close friendship as well as kinship between Apollodorus and us. But it is, I think, quite easy to prove to you, that, even if he had had neither of these sentiments—enmity towards my opponents and affection towards us—Apollodorus would never have left his estate to them.

All men, when they are near their end, take measures of precaution on their own behalf to prevent their families from becoming extinct and to secure that there shall be someone to perform sacrifices and carry out the customary rites over them. And so, even if they die without issue, they at any rate adopt children and leave them behind. And there is not merely a personal feeling in favor of this course, but the state has taken public measures to secure that it shall be followed, since by law it entrusts the archon with the duty of preventing families from being extinguished.

Now it was quite clear to Apollodorus that, if he left his estate in the hands of my opponents, he would be securing the extinction of his house. For what did he see before his eyes? He saw that these sisters of Apollodorus (II.) inherited their brother's estate, but never gave him a son by adoption, though they had sons of their own, and that their husbands had sold the landed property which he left behind him and his possessions for five talents and divided up the proceeds, but that his house had been left shamefully and deplorably desolate. Knowing that their brother had been treated thus, could he himself have ever expected, even if there had been friendship between him and them, to receive the customary rites from them, being only their cousin and not their brother?

Surely he could have no such expectation. And now please summon the witnesses to show that my opponents have viewed with indifference their brother's childlessness, and are in possession of his fortune, and have allowed a family to die out which was obviously capable of supporting the expense of a trierarchy.

Witnesses

Since such was the disposition of the cousins towards one another and so grave the resentment towards Apollodorus who adopted me, how could he have done better than follow the course which he did? Would he, in Heaven's name, have done better if he had chosen a child from the family of one of his friends and adopted him and given him his property? But even such a child's own parents would not have known, owing to his youth, whether he would turn out a good man or worthless.

On the other hand, he had had experience of me, having sufficiently tested me; he well knew what had been my behavior towards my father and mother, my care for my relatives and my capacity for managing my own affairs. He was well aware that in my official capacity as thesmothete[*](This title was given to six junior archons, who presided at the allotment of the magistrates and were responsible for revising the laws.) I have been neither unjust nor rapacious. It was then not in ignorance, but with full knowledge, that he was making me master of his property.

Further, I was no stranger but his own nephew; the services which I had rendered him were not unimportant but very considerable; he knew that I was not a man devoid of public spirit, who would be likely to squander his possessions, as my opponents have squandered the property which composes the estate, but that I should be anxious to act as a trierarch and go on service and act as choregus and do everything else that the state requires, as he himself had done.

Since I was his kinsman, his friend, his benefactor, and a man of public spirit, and had been approved as such, who could maintain that my adoption was not the act of a man of sound judgement? Indeed, I have already performed one of those acts, the promise of which had won his approval; for I have acted as gymnasiarch[*](The duty of a gymnasiarch at the festival of Prometheus was to provide a team to compete in the inter-tribal torch-race.) at the festival of Prometheus in the present year with a liberality which all my fellow-tribesmen acknowledge. Please call the witnesses to prove that these statements are true.

Witnesses

These, gentlemen, are the just grounds on which we claim that we are entitled to keep the estate; and we beseech you to help us for the sake of Apollodorus and his father, for you will find that they were useful citizens and as zealous as possible for your interests.

His father not only performed all the other state services but also acted continuously as a trierarch, not contributing jointly with several others,[*](The system under which several citizens could jointly contribute to provide a trireme for the service of the state appears to have come into force about 357 B.C.; see Introduction.) as is the practice nowadays, but bearing the expenses out of his own fortune, and not jointly with one other but by himself alone; nor did he intermit his duties for two years[*](i.e., he did not avail himself of the period of exemption allowed by law.) but served continuously, not performing his duties in a perfunctory manner but providing the most perfect equipment. Wherefore, mindful of these services you honored him and saved his son when he was being robbed of his fortune, forcing those who were in possession of his property to restore it.

Again, Apollodorus himself did not, like Pronapes, assess his property below its value, but, paying taxes as a knight, aspired to hold the offices open to that rank, nor did he seek to possess himself by violence of the property of others and think that you ought to have no advantage from his wealth, but he openly declared the amount of his fortune and met whatever demands for service you made upon him, and wronging no man he tried to live honorably on his own fortune, considering that he ought to be moderate in his personal expenditure and dedicate the surplus to the service of the state, so that it might meet its expenses.