8
When Pasio had died, after making this will, Phormio, the defendant, took his widow to wife in accordance with the terms of the will and undertook the guardianship of his son.That is, of Pasicles, who was a minor. That the guardian should marry the widow was a common provision (so in the case of Demosthenes’ own mother; See Dem. 33). In Dem. 45 Apollodorus denies that he had been challenged to produce the will, or that he had been left by his father. Inasmuch, however, as the plaintiff was rapacious, and seemed to think it right that he should spend large sums out of the fund which was as yet undivided, the guardians, calculating in their own minds that, if it should be necessary under the terms of the will to deduct from the undivided fund, share for share, an equivalent of what the plaintiff spent, and then distribute the remainder, there would be nothing left to distribute, determined in the interest of the boy to divide the property.
9
And they did distribute all the estate except the property on which the defendant had taken a lease; and of the revenue accruing from this they duly paid one-half to the plaintiff. Up to that time, then, how is it possible for him to make complaint regarding the lease? For it is not now that he should show his indignation; he should at once have done so then. Moreover, he cannot say that he has not received the rents which became due subsequently.
10
For in that case, when Pasicles came of age and Phormio relinquished the lease, youAddressed to the two brothers, Apollodorus and Pasicles. would never have freed him from all claims, but would then instantly have demanded payment, if he had owed you anything.
10
To prove that I speak the truth in this and that the plaintiff did divide the property with his brother, who was still a minor, and that they released Phormio from his liability under the lease and from all other charges, take this deposition.
10
The Deposition
