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Isaeus

[Steph. p. 35]I.—ΠΕΡΙ ΤΟΥ ΚΛΕΩΝΥΜΟΥ ΚΛΗΡΟΥ

ΥΠΟΘΕΣΙΣ

Ἀδελφιδοῖ Κλεωνύμου τελευτήσαντος ἐπὶ τὸν κλῆρον ἔρχονται κατὰ γένος, τὰς διαθήκας, ἃς παρέχονται εἰς αὑτοὺς1 οἱ περὶ Φερένικον καὶ Σίμωνα καὶ Ποσείδιππον, γράψαι, ὡς ἀληθὲς ἦν, καὶ θεῖναι παρὰ τοῖς ἄρχουσιν ὁμολογοῦντες Κλεώνυμον κατὰ τὴν πρὸς Δεινίαν τὸν ἐπίτροπον αὐτῶν ὀργήν, ὕστερον δὲ ἐπιχειρήσαντα λῦσαι καὶ μεταπεμψάμενον τὸν ἀστυνόμον ἐξαίφνης <ἀποθανεῖν>2· καὶ Πολύαρχον δὲ τὸν πάππον αὐτῶν, Κλεωνύμου δὲ πατέρα, προστάξαι, εἴ τι πάσχοι Κλεώνυμος, δοῦναι αὐτοῖς τὰ ὑπάρχοντα. ἡ στάσις ὅρος διπλοῦς κατὰ ἀμφισβήτησιν· οἱ μὲν γὰρ ἄλλοι ταῖς γενομέναις ἐξ ἀρχῆς διαθήκαις διισχυρίζονται, οἱ δέ, λέγοντες [φησὶν] ὅτι μετεκαλέσατο3 τὸν ἄρχοντα, ἵνα λύσῃ αὐτάς, τοῖς4 τελευταῖον παρὰ τοῦ Κλεωνύμου γενομένοις.

1Πολλὴ μὲν ἡ μεταβολή μοι γέγονεν, ὦ ἄνδρες, τελευτήσαντος Κλεωνύμου. ἐκεῖνος γὰρ ζῶν μὲν ἡμῖν κατέλιπε τὴν οὐσίαν, ἀποθανὼν δὲ κινδυνεύειν περὶ αὐτῆς πεποίηκε. καὶ τότε μὲν οὕτως ὑπ᾿ αὐτοῦ σωφρόνως ἐπαιδευόμεθα, ὥστ᾿ οὐδ᾿ ἀκροασόμενοι οὐδέποτ᾿ ἤλθομεν ἐπὶ δικαστήριον, νῦν δὲ ἀγωνιούμενοι περὶ πάντων ἥκομεν τῶν ὑπαρχόντων· οὐ γὰρ τῶν Κλεωνύμου μόνον ἀμφισβητοῦσιν

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On the Estate of Cleonymus

I. On the Estate of Cleonymus

Argument

Cleonymus having died, his nephews claim his estate as the natural heirs. They admit that the will in favour of Pherenicus, Simon,a and Poseidippus, and produced by these persons, was the genuine will of Cleonymus, and was deposited by Cleonymus with the magistrates at a time when he was angry with their guardian Deinias; they allege, however, that he subsequently tried to annul the will, and after having sent for the police-magistrate, died suddenly. They further allege that Polyarchus, their grandfather and Cleonymus’s father, instructed the latter, if anything should happen to him, to leave his property to them. The question at issue is a decision between the conflicting claims of the two parties, one basing their claim on the original will, the other relying on the last acts of Cleonymus, and alleging that he sent for the magistrate in order to annul the will.

Great indeed, gentlemen, is the change which the death of Cleonymus has brought upon me. In his lifetime he devised his property to us; his death has exposed us to the danger of losing it. While he lived, we were so discreetly brought up by him that we never entered a law court even as listeners; now we have come here to fight for all that we possess; for our opponents claim not only Cleonymus’s property,

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DOI: 10.4159/DLCL.isaeus-i_estate_cleonymus.1927