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Isaeus

X. ΠΡΟΣ ΞΕΝΑΙΝΕΤΟΝ ΠΕΡΙ ΤΟΥ ΑΡΙΣΤΑΡΧΟΥ ΚΛΗΡΟΥ

ΥΠΟΘΕΣΙΣ

Ἀρίσταρχός τις τεσσάρων πατὴρ γενόμενος παίδων, Κυρωνίδου καὶ Δημοχάρους καὶ τῆς μητρὸς τοῦ λέγοντος τὸν λόγον καὶ ἄλλης κόρης, τούτων1 μὲν τὸν Κυρωνίδην ἔτι περίων εἰσεποίησεν εἰς τὸν Ξεναινέτου τοῦ κατὰ μητέρα πάππου κλῆρον, αὐτὸς δὲ κληρονόμους τοὺς λοιποὺς ἑαυτῷ κατέλειψε παῖδας. μετὰ ταῦτα τελευτᾷ μὲν Δημοχάρης ἄπαις, καὶ ἡ μία θυγάτηρ [αὐτοῦ] καὶ αὐτὴ ἄπαις, ὁ δὲ κλῆρος ὅλος ἔρχεται δικαίως εἰς τὴν μητέρα τοῦ λέγοντος τὸν λόγον. καὶ ταῦτα μὲν οὕτω· μετὰ δὲ τὴν τελευτὴν Ἀριστάρχου Ἀριστομένης ἀδελφὸς ὢν αὐτοῦ καὶ κατὰ νόμον ἐπίτροπος τῶν τοῦ ἀδελφοῦ γινόμενος παίδων, ἐκδέδωκε Κυρωνίδῃ τῷ ἐκποιήτῳ υἱῷ Ἀριστάρχου τὴν θυγατέρα ἑαυτοῦ, ἐπαγγειλάμενος περιποιῆσαι αὐτῷ τὸν Ἀριστάρχου κλῆρον. ὃ δὴ καὶ πεποίηκε· γενομένου γὰρ υἱοῦ τῷ Κυρωνίδῃ πρῶτον μὲν ὄνομα τῷ παιδὶ τὸ τοῦ πάππου δεδώκασιν, Ἀρίσταρχον ὀνομάσαντες, εἶτα εἰσεποίησαν αὐτὸν εἰς τὸν <τοῦ>2 πάππου οἶκον ὡς δὴ τοῦτο ἐκείνου προστάξαντος, καὶ παραδέδωκεν Ἀριστομένης αὐτῷ τὸν ὅλον τοῦ πάππου κλῆρον. ἔτι δὲ ἄπαις3 ὢν ἐκεῖνος [καὶ] τελευτῶν κληρονόμον κατὰ διαθήκας ἐνεστήσατο τὸν ἴδιον ἀδελφὸν Ξεναίνετον. τούτων οὕτω γενομένων, καὶ κρατοῦντος Ξεναινέτου τὴν Ἀριστάρχου τοῦ παλαιοῦ οὐσίαν, ἀμφισβητεῖ

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Isaeus

X. Against Xenaenetus on the Estate of Aristarchus

Argument

A certain Aristarchus was the father of four children, Cyronides, Demochares, the mother of the speaker of this oration, and another daughter. During his lifetime he gave Cyronides in adoption to be heir of the estate of his maternal grandfather Xenaenetus, and left his other children as his own heirs. Subsequently Demochares died without issue, as also did one of the daughters, and the whole estate passed by law to the mother of the speaker. Such was the position of affairs; but, after the death of Aristarchus, Aristomenes, his brother and now the legal representative of his brother’s children, gave his own daughter in marriage to Cyronides, the son of Aristarchus, who had been adopted out of the family, having promised to obtain for him the estate of Aristarchus. This he succeeded in doing; for, when a son was born to Cyronides, they first gave him his grandfather’s name, calling him Aristarchus (II.), and then had him adopted into his grandfather’s family, on the ground that the latter had given instructions to this effect, and Aristomenes handed over to him all his other grandfather’s estate. Aristarchus (II.), dying without issue, constituted his own brother Xenaenetus (II.) by will as his heir. This being so and Xenaenetus being in possession of the property of Aristarchus the elder, the son of the latter’s daughter

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DOI: 10.4159/DLCL.isaeus-x_estate_aristarchus.1927