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Isaeus

IX. ΠΕΡΙ ΤΟΥ ΑΣΤΥΦΙΛΟΥ ΚΛΗΡΟΥ

ΥΠΟΘΕΣΙΣ

Ἀστύφιλος καὶ ὁ λέγων τὸν λόγον ἀδελφοὶ ὁμομήτριοι· τελευτήσαντος δὲ τοῦ Ἀστυφίλου διαθήκας προήνεγκε Κλέων τις, ἀνεψιὸς ὢν αὐτοῦ, φάσκων αὐτὰς γενέσθαι εἰς τὸν υἱὸν ἑαυτοῦ. ὁ δὲ ἀδελφὸς τοῦ Ἀστυφίλου κατηγορεῖ τῶν διαθηκῶν ὡς πλαστῶν. ἡ στάσις στοχασμός.

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Ἀδελφός μοι ἦν ὁμομήτριος, ὦ ἄνδρες, Ἀστύφιλος, οὗ ἐστιν ὁ κλῆρος· ἀποδημήσας οὖν μετὰ τῶν εἰς Μυτιλήνην στρατιωτῶν ἐτελεύτησε. πειράσομαι δ᾿ ὑμῖν ἐπιδεῖξαι ὅπερ ἀντώμοσα, ὡς οὔτε ἐποιήσατο ἐκεῖνος ὑὸν ἑαυτῷ, οὔτ᾿ ἔδωκε τὰ ἑαυτοῦ, οὔτε διαθήκας κατέλιπεν, οὔτε προσήκει 2ἔχειν τὰ Ἀστυφίλου οὐδενὶ ἄλλῳ ἢ ἐμοί. ἔστι γὰρ [ὁ] Κλέων οὑτοσὶ ἀνεψιὸς Ἀστυφίλῳ πρὸς πατρός, ὁ δὲ ὑὸς ὁ τούτου, ὃν εἰσποιεῖ ἐκείνῳ, ἀνεψιαδοῦς. εἰσποίητος δ᾿ ἦν ὁ πατὴρ ὁ Κλέωνος εἰς ἄλλον οἶκον, καὶ οὗτοι ἔτι εἰσὶν ἐν ἐκείνῳ τῷ οἴκῳ, ὥστε γένει μὲν διὰ τὸν νόμον οὐδὲν προσήκουσιν Ἀστυφίλῳ. ἐπειδὴ δὲ κατὰ ταῦτα οὐκ ἦν ἀμφισβήτησις, διαθήκας, ὦ ἄνδρες, ψευδεῖς (ὡς ἐγὼ οἶμαι ἐπιδείξειν) κατεσκεύασαν καὶ ζητοῦσιν

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Isaeus

IX. On the Estate of Astyphilus

Argument

Astyphilus and the speaker of this oration were half-brothers, children of the same mother. On the death of Astyphilus a certain Cleon, his first cousin, produced a will, alleging that it had been made in favour of his own son. The brother of Astyphilus attacks the will as being a forgery. The question at issue is one of fact.

Astyphilus, the owner of the estate, was my half-brother, gentlemen, the son of my mother. He went abroad with the force which sailed to Mytilene, and died there. I shall try and prove to you what I stated in my affidavit, namely, that the deceased did not adopt a son, that he did not bequeath his property, that he left no will, and that no one except myself has a right to the estate of Astyphilus. Cleon, my adversary, is first cousin to Astyphilus on his father’s side, and his son, whom he pretends that Astyphilus adopted, is his first cousin once removed. Cleon’s father, however, passed by adoption into another family, and they still belong to that family, so that in law they have no sort of relationship with Astyphilus. Seeing that they had no claim on these grounds, gentlemen, they concocted a will, which, as I think I shall be able to prove, is a forgery, and

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DOI: 10.4159/DLCL.isaeus-ix_estate_astyphilus.1927