19
There is a law which provides that, if a brother by the same father dies without issue and intestate, his property shall be divided equally between his surviving sister and any nephew who has been born from another sister. My opponents themselves are well aware of this, as their actual conduct has proved; for, Eupolis's son, Apollodorus (II.), having died without issue, Thrasybulus has received half his estate, which may fairly be estimated at five talents.
20
Thus the law gives the sister and the sister's son an equal share of their father's and their brother's estate; but when a first cousin, or any other kinsman in a remoter degree, dies, it no longer grants such equality, but gives the male relatives the right of succession as next-of-kin in preference to the female. For it declares that “the males and the issue of the males, who are descended from the same stock, shall be preferred, even though their relationship to the deceased is more remote.” The wife of Pronapes, therefore, had no right to claim a share at all, and Thrasybulus ought to have claimed the whole if he regarded my adoption as invalid.
21
Yet from the first he has never disputed my title nor has he now made any claim at law to the estate, but has admitted that everything is in order. On the other hand, those who are acting for this woman have dared—such is their impudence—to claim the whole estate. Take the clauses of the lawThe law is given in extenso in Dem. 43.51. which they have violated and read them to the court.
22
Clause of the Law
22
Under this clause the sister and the nephew share and share alike. Now take this clause and read it to the court.
22
Clause of the Law
22
If there are no first cousins or their children or other relatives on the father's side, then the law gives the right of inheritance to the relatives on the mother's side, specifying the order of succession. Now take this clause and read it to the court.
23
Clause of the Law
