Institutio Oratoria

The remaining points turn on questions of equity, for we ask which of the two sons makes the juster claim. This question admits of still further division. The claim of the uneducated son would have been the juster even if both had claimed the whole property. How much more so when one claims only a half and the other the whole to the exclusion of his brother. And then, even after we have dealt with all these points, an appeal to the memory of his father will carry great weight with the judges, more especially as the dispute is about the father's estate. This will give rise to conjecture as to what the intentions

of the father were at the time of his dying intestate. This conjecture, however, involves a question of quality, and is employed in the service of a different basis. [*](i.e. qualitative, cp. III. vi. 43. )