64
Such a proceeding would have been extraordinary. The law ordains that daughters who have been given in marriage by their father and are living with their husbands—and who can judge better than a father what is to his daughter's interest?—in spite of the fact that they are thus married, shall, if their father dies without leaving them legitimate brothers, pass into the legal power of their next-of-kin; and indeed it has frequently happened that husbands have been thus deprived of their own wives.Though the legal principle here stated is correct, it does not apply to all cases indiscriminately. For example, if a daughter, who was an heiress, married and had children, her rights accrued to the children when thy came of age; no doubt also, if she had no children, she could renounce her rights and remain with her husband.
65
While, then, the necessary consequence of this law is that women who have been given in marriage by their fathers are thus liable to be legally claimed, would any one of Pyrrhus's uncles, if Phile were a legitimate daughter left by him, have allowed Xenocles to take and marry a woman who belonged to them by right of kinship and thus make him heirAs a matter of fact the husband of an heiress enjoyed the use of her fortune only during the minority of their son or sons. to so large a fortune instead of themselves? Do not believe it, gentlemen;
66
no man so hates his own advantage and prefers the interest of strangers to his own. If, therefore, they pretend that the adoption of Endius annulled their rights over this woman and allege that it is for this reason that they laid no claim to her, the following questions must be put to them: First, why have they attacked those who have borne witness to the adoption of Endius by Pyrrhus if they admit that it took place?
