On The Estate of Apollodorus

On the other hand, a dispute might well arise when a man, feeling that his end is near, has disposed of his property in favor of another, if anything should happen to him, and putting his wishes in a written document has sealed it up and deposited it in the custody of others. By the former method the adopter sets forth his wishes with perfect clearness, making the whole transaction valid in the manner permitted by the laws; whereas the man who commits his wishes to a sealed-up will makes them secret, with the result that claimants often think fit to contest the succession against adopted sons, alleging that the will is a forgery. It appears, however, that this distinction is of little practical value; for though my adoption was quite openly carried out, yet representatives of Eupolis's daughter have come forward to contest my right to Apollodorus's estate.

If I observed that you prefer a protestation[*](See Isaeus 2, Introduction.) to a direct action, I should have brought forward witnesses to show that the estate is not liable to adjudication, seeing that Apollodorus adopted me in the proper legal form; but since I am sensible that by the former method the rights of the case cannot fully be made known to you, I have myself come forward to explain the facts so that they may bring no charge against us of being unwilling to submit to such a trial.