Isaeus, 11. On the Estate of Hagnias

LCL 202: 388-389

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Isaeus

[83]XI. ΠΕΡΙ ΤΟΥ ΑΓΝΙΟΥ ΚΛΗΡΟΥ

ΥΠΟΘΕΣΙΣ

Ἁγνίας τις εἶχεν ἀνεψιοὺς πολλούς, Θεόπομπον καὶ τὸν ἀδελφὸν αὐτοῦ Στρατοκλέα καὶ Στρατίον1 καὶ Εὐβουλίδην. οὗτος μέλλων τελευτᾶν ἐποιήσατο θετὴν ἑαυτῷ2 θυγατέρα, κελεύσας ἐν ταῖς διαθήκαις, εἴ τι πάθοι ἡ θυγάτηρ, ἔρχεσθαι τὸν κλῆρον εἰς Γλαύκωνα, ἀδελφὸν αὐτοῦ τυγχάνοντα ὁμομήτριον. ἐπὶ τούτοις αὐτοῦ τελευτήσαντος ἡ θυγάτηρ λαβοῦσα τὸν κλῆρον ἐτελεύτησεν. ἀποθανόντος δὲ καὶ Εὐβουλίδου ἡ θυγάτηρ αὐτοῦ, τοῦ Εὐβουλίδου, δικασαμένη πρὸς Γλαύκωνα ἔλαβε τὴν οὐσίαν. μετὰ ταῦτα τελευτησάντων καὶ τῶν περὶ τὸν Στρατοκλέα καὶ Στρατίον θεόπομπος μόνος ἐδικάσατο πρὸς αὐτήν, καὶ ἔλαβε τὸν κλῆρον. πρὸς τοῦτον ὁ υἱὸς τοῦ ἀδελφοῦ αὐτοῦ, Στρατοκλέους, δικάζεται [πρὸς αὐτὸν] δι᾿3 ἐπιτρόπου τινὸς [υἱός], φάσκων ἐξ ἴσου τὰ τῆς κληρονομίας ἁρμόζειν τῷ τε θεοπόμπῳ καὶ τῷ παιδὶ τοῦ ἀδελφοῦ αὐτοῦ. ἡ στάσις πραγματική.

<NOMOI> 1

Διὰ ταῦθ᾿ ὑμῖν ἀνέγνων τοὺς νόμους, ὅτι κατὰ τὸν πρῶτον αὐτῶν ἰσχυρίζεται τῷ παιδὶ τοῦ ἡμικληρίου προσήκειν, οὐκ ἀληθῆ λέγων. οὐ γὰρ ἦν ἡμῖν Ἁγνίας ἀδελφός, ὁ δὲ νόμος περὶ ἀδελφοῦ χρημάτων πρῶτον ἀδελφοῖς τε καὶ ἀδελφιδοῖς πεποίηκε

388

Isaeus

XI. On the Estate of Hagnias

Argument

A certain Hagnias had several cousins, namely, Theopompus, his brother Stratocles, Stratius, and Eubulides. When he was at the point of death he adopted a daughter, stipulating in his will that, if anything should happen to her, the estate should pass to Glaucon, who was his half-brother, his mother’s son. After making these arrangements he died; and the daughter received the inheritance and then herself died. Eubulides having also died, his daughter brought an action against Glaucon and was awarded the estate. After this, Stratocles and Stratius having died, Theopompus, acting alone, brought a suit against her and was awarded the estate. It is against him that the son of his brother Stratocles brings an action through a guardian, alleging that the inheritance belongs in equal shares to Theopompus and to his brother’s son. The discussion turns on a point of fact.

Laws

I have read you the laws because my opponent bases on the first of them the claim of the child to half the estate—a claim which is false. Hagnias, it is true, was not our brother; but in the matter of a brother’s property the lawa has given the right

389
DOI: 10.4159/DLCL.isaeus-xi_estate_hagnias.1927