Argument
A certain Hagnias had several cousins, namely, Theopompus, his brother Stratocles, Stratius, and Eubulides. When he was at the point of death he adopted a daughter, stipulating in his will that, if anything should happen to her, the estate should pass to Glaucon, who was his half-brother, his mother's son. After making these arrangements he died; and the daughter received the inheritance and then herself died. Eubulides having also died, his daughter brought an action against Glaucon and was awarded the estate. After this, Stratocles and Stratius having died, Theopompus, acting alone, brought a suit against her and was awarded the estate. It is against him that the son of his brother Stratocles brings an action through a guardian, alleged that the inheritance belongs in equal shares to Theopompus and to his brother's son. The discussion turns on a point of fact.
1
Laws
1
I have read you the laws because my opponent bases on the first of them the claim of the child to half the estate—a claim which is false. Hagnias, it is true, was not our brother; but in the matter of a brother's property the lawThe text of the law is given in Dem. 43.51 (Πρὸς Μακάπτατον). has given the right of inheritance first to brothers and nephews provided they are on the father's side; for they are related to the deceased in the nearest degree.
2
In default of these, the law next names sisters by the same father and their issue. If these fail, it gives the right of succession as next-of-kin to the third degree, namely, first cousins on the father's side including their children. If this degree is also lacking, the law goes back and gives the succession to the relatives of the deceased on his mother's side on the same principles as originally regulated the rights of inheritance by the relatives on the father's side.
