43
So, gentlemen, it is much better that you should give your verdict on the ground of our affinity, which is admitted by both sides, rather than in accordance with the will which was not properly drawn up. Remember also that Cleonymus made the will in a misguided moment of passion, but was in his right mind when he revoked it; it would, therefore, be an extraordinary proceeding to let his momentary passion prevail rather than his reasoned intention.
44
I think that you yourselves consider it your right to inherit—and feel a grievance if you do not do so—from those who have a claim to inherit from you. Supposing, therefore, that Cleonymus were alive and that our family or that of our opponents had become extinct, consider to which family Cleonymus had the prospect of becoming heir; for it is only fair that those should possess his property from whom he had a right to inherit.
45
If Pherenicus or one of his brothers had died, their children, and not Cleonymus, had the prospect of becoming entitled to the property which they left behind. If, on the other hand, such a fate had befallen us, Cleonymus had the prospect of becoming heir to everything; for we had no children or other relatives, but he was a next-of-kin and most closely bound to us by ties of affection;
46
for which reasons the laws have given him the right of succession, and we should never have thought of making this bequest to anyone else. For we should never, I imagine, have in our lifetime placed our property in his hands in such a way that his wishes prevailed over our own in the matter of what belonged to us, and yet, at our death, have wished others to inherit it rather than our closest friend.
