21
By these arguments they have made it easy for you to decide their case. If it was to revoke the will, as we assert, that Cleonymus sent for the magistrate, they have no possible plea to urge; if he was so mad as always to have the least regard for us, his nearest kinsmen and most intimate friends, you would be justified, I presume, in declaring such a will invalid.
22
Next remark, that, though they allege that Cleonymus asked for the magistrate to be summoned in order to confirm the bequest to themselves, yet, when they were ordered to do so, they dared not bring him in, and also sent away one of the magistrates who came to the door. Two alternatives lay before them, either to have the inheritance confirmed to them or else to offend Cleonymus by not doing what he asked; they preferred to incur his enmity rather than to secure this bequest!
23
Could anything be more incredible than this? Those who had so much to gain by doing what he asked, avoided rendering this service, as though they were going to lose by it, while Cleonymus showed so much zeal for their advantage that he was angry with Poseidippus for neglecting his wishes, and repeated the request to Diocles for the following day!
24
If, gentlemen, Cleonymus, as my opponents allege, bequeathed the estate to them by the will in its present form, I cannot help wondering by what alteration he thought he could make it more valid; for in the eyes of every one else such a will is the most complete form of bequest.
25
Furthermore, if he wished to add anything to these dispositions, why did he not record and leave behind him his wishes in a codicil, when he found himself unable to procure the original will from the officials? For he could not annul any other document except that which was deposited at the magistrate's office; but he was at liberty to record anything he liked in a codicil, and thus avoid leaving this matter in dispute between us.
