On the Estate of Hagnias

Isaeus

Isaeus. Forster, Edward Seymour, translator. Cambridge, MA: Harvard University Press; London: William Heinemann Ltd., 1927 (1962 printing).

But, it may be asked, how are you to know that I possess the rights of a next-of-kin, while the children of the other cousins, including this child, did not possess them? The law itself will make this clear. It is universally admitted that the rights as next-of-kin belong to cousins on the father's side, including their children, but the point which we have now to examine whether the law grants these rights to our children also. Take, therefore, the law and read it to the court.

Law [If there is no relative on the father's side as far as the degree of the children of cousins, then the right of inheritance passes to the mother's side in the same order of succession.]
[*](This is the only law which is quoted in the manuscripts of Isaeus; it has probably been invented on the basis of the following section.)

Mark you, gentlemen, the legislator did not say that, in default of heirs on the father's side up to the degree of cousin's children, the rights descend to the latter's children; no, in default of us[*](i.e., on the failure of the children of cousins on the male side.), he gives the inheritance to the relatives of the deceased on his mother's side, namely, to brothers and sisters and their children, and so on, in the same order as was laid down before. But he has placed our children outside the right of succession. How, then, can those to whom, even if I were dead, the law does not award Hagnias's estate, imagine that, while I am alive and have a legal right to the property, they themselves can have any title as next-of-kin? Their claim is quite preposterous.