On The Estate of Apollodorus

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.