Isaeus, 3. On the Estate of Pyrrhus

LCL 202: 76-77

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Isaeus

III. ΠΕΡΙ ΤΟΥ ΠΥΡΡΟΥ ΚΛΗΡΟΥ

ΥΠΟΘΕΣΙΣ

[38]Πύρρου τὸν ἕτερον <τῶν> τῆς ἀδελφῆς υἱῶν υἱοποιησαμένου Ἔνδιον, καὶ τούτου πλέον ἢ εἴκοσιν ἔτη τὸν κλῆρον1 κατασχόντος, εἶτα ἀποθανόντος, Ξενοκλῆς λαχὼν τῶν χρημάτων ὑπὲρ Φίλης, τῆς ἑαυτοῦ γυναικός, διεμαρτύρησεν εἶναι αὐτὴν γνησίαν Πύρρου θυγατέρα, ἀμφισβητούσης τοῦ κλήρου τῆς Ἐνδίου μητρός· καὶ ἑάλω ψευδομαρτυριῶν, Νικοδήμου καὶ αὐτοῦ μαρτυρήσαντος ἐγγυῆσαι Πύρρῳ τὴν ἀδελφὴν κατὰ τοὺς νόμους, ἐξ ἧς γεγονέναι τὴν Φίλην. ὁ Ἐνδίου δὲ ἀδελφὸς νόθην εἶναί φησιν, ἐξ ἑταίρας Πύρρῳ γενομένην, καὶ οὕτως ὑπὸ Ἐνδίου ἐκδοθῆναι Ξενοκλεῖ. ἡ στάσις στοχασμός, τὸ δὲ ἔγκλημα ψευδομαρτυριῶν κατὰ τοῦ Νικοδήμου.

1Ἄνδρες δικασταί, ὁ ἀδελφὸς τῆς μητρὸς τῆς ἐμῆς Πύρρος, ἄπαις ὢν γνησίων παίδων, ἐποιήσατο Ἔνδιον τὸν ἀδελφὸν τὸν ἐμὸν ὑὸν ἑαυτῷ· ὃς κληρονόμος ὢν τῶν ἐκείνου ἐπεβίω2 πλείω ἔτη ἢ εἴκοσι, καὶ ἐν χρόνῳ τοσούτῳ ἔχοντος ἐκείνου τὸν κλῆρον οὐδεὶς πώποτε προσεποιήσατο οὐδ᾿ ἠμφισβήτησε 2τῆς κληρονομίας ἐκείνῳ. τελευτήσαντος δὲ τοῦ ἀδελφοῦ πέρυσιν, ὑπερβᾶσα τὸν τελευταῖον κληρονόμον, γνησία θυγάτηρ τοῦ ἡμετέρου θείου ἥκει φάσκουσα εἶναι Φίλη, καὶ κύριος Ξενοκλῆς Κό-

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On the Estate of Pyrrhus,

III. On the Estate of Pyrrhus

Argument

Pyrrhus had adopted one of his sister’s two sons, Endius, who enjoyed the estate for more than twenty years and then died. Xenocles then sued for the property in the name of Phile, his wife, and declared upon oath that she was a legitimate daughter of Pyrrhus, the succession being claimed by Endius’s mother. Xenocles was convicted of perjury. Nicodemus had also borne witness that he had given his sister in legal marriage to Pyrrhus and that Phile was her child. The brother of Endius declares that Phile is illegitimate, having been the child of Pyrrhus by a mistress, and that she was given as such by Endius in marriage to Xenocles. The question at issue is one of fact, and the action a charge of perjury against Nicodemus.

Judges, my mother’s brother, Pyrrhus, having no legitimate issue, adopted my brother Endius as his son. The latter inherited his estate and survived him by more than twenty years; and during all this long period of possession no one claimed the estate or questioned his right of inheritance. My brother having died last year, Phile, ignoring the existence of the last tenant, came forward, claiming to be the legitimate daughter of our uncle, and Xenocles of Coprus,a as her legal representative,

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DOI: 10.4159/DLCL.isaeus-iii_estate_pyrrhus.1927