On The Estate of Ciron

Isaeus

Isaeus. Forster, Edward Seymour, translator. Cambridge, MA: Harvard University Press; London: William Heinemann Ltd., 1927 (1962 printing).

Argument

Ciron having died without legitimate offspring, his nephew, the son of his brother, claimed his estate and took over the property from the widow. After this the speaker of the present oration indicts the nephew, alleging that he himself is a son of Ciron's daughter and that the wife of the deceased designedly handed over the estate to the nephew with the intention of giving him a part and appropriating the remainder. Such is the subject; the discussion turns on a question of fact, the point at issue being whether the claimant is a legitimate grandson of Ciron or not. A further question is also involved, namely, one of qualification: for the nephew argued that, even if we grant that his opponent's mother is a legitimate daughter of Ciron, since she is dead and it is her son who now claims, the nephew, the son of a brother, ought to have preference over a daughter's issue under the law which ordains that the descendants of males have precedence over those of females. The speaker with great skill completely ignores this law and bases his case upon the different qualifications of the parents, showing that, in as much as a daughter is nearer in kin to the deceased than a brother, so her son has a stronger claim than a brother's son. It is a strong case in equity but a weak case in law. The working out of the various topics is carried out with Isaeus's usual skill.