Greek Texts & Translations

44.9To go back to the beginning, men of the jury, there were born to Euthymachus, of Otrynê, ^note three sons, Meidylides and Archippus and Archiades, and a daughter whose name was Archidicê. After the death of their father the brothers gave Archidicê in marriage to Leostratus of Eleusis ^note ; of the three brothers Archippus lost his life at Methymna ^note while serving as trierarch, and Meidylides not long afterward married Mnesimache, the daughter of Lysippus of Crioa. ^note 44.10To him there was born a daughter, Cleitomachê by name, whom he wished to give in marriage to his own brother, who was still unmarried; but since Archiades declared that he did not wish to marry, and for this reason allowed the property to remain undivided, and lived by himself in Salamis, Meidylides at length gave his daughter in marriage to Aristoteles of Pallenê, ^note my grandfather. Of them were born three sons, Aristodemus here, my father, and Habronichus, my uncle, and Meidylides, who is now dead. Our right of inheritance, based on kinship in the family to which the estate belongs, is, men of the jury, substantially this. 44.11For we are the nearest of kin to Archiades in the male line, and, as we deemed it right according to this law that we should inherit his estate, and not allow the family to be brought to extinction, we brought suit for the inheritance before the archon. Our opponents, who hold the property without right, have now filed an affidavit of objections, basing their entire claim upon adoption, but alleging also that they are near of kin. 44.12Now, with regard to this adoption, we will show you plainly later on what its character was; but with reference to blood relationship, I must prove to you that they are not nearer of kin than we. One thing is admitted, that in the matter of inheritance males and those descended from males have the precedence, for the law explicitly gives the inheritance as their due to the nearest of kin in the male line, when there are no children. Well, it is we who answer this description; for Archiades is admitted to have died without issue, and we are the nearest of kin to him in the male line. 44.13And furthermore, we are also his nearest of kin in the female line; for Meidylides was the brother of Archiades, and the daughter of Meidylides was the mother of my father, so that Archiades, for whose inheritance we are now prosecuting our claim, is uncle ( their fathers having been brothers) to the mother of my father, having this relationship in the male line, not in the female line. But Leostratus here is in kinship further removed, and is related to Archiades on the female side; for the mother of Leocrates, the father of the defendant, was niece to the Archiades in question and to Meidylides, as descendants of whom we claim the right to win the inheritance.

44.14First, men of the jury, to prove that our pedigree is as I have stated, the clerk shall read you the depositions, and thereafter the law itself which awards inheritances to the families and to those nearest of kin in the male line. For, I take it, these are the essential points in the case and the matters upon which you cast your vote under oath.

Call the witnesses up here, please, and read the law.Witnesses
Law