SPEECH THE EIGHTH. ON THE ESTATE OF ASTYPHILUS THE ARGUMENT. THE mother of the defendant in this cause had a son named ASTYPHILUS, by her first husband Euthycrates, whose nephew Cleon, after the death of Astyphilus, produced a will, by which Cleon's son was appointed to inherit the fortune of the deceased. The client of Isæus contends that the will of his half-brother was forged. ON THE ESTATE OF ASTYPHILUS. 209 SPEECH THE EIGHTH. The Son of Theophraftus against Cleon. ASTYPHILUS, for whose estate we contend in this caufe, and who was my half-brother, judges, by the fame mother, died at Mitylene, whither he had failed with the army; and that he never adopted a fon, nor ever aliened his eftate, or difpofed of it by will, fo that no man but myself has a right to his poffeffions, I shall endeavour to prove, agreeably to the oath which I have previously taken. This Cleon, my antagonist, was the first coufin to the deceased by his father's fide, and it is his own fon, whom he pretends that Aftyphilus adopted: now Cleon's father was transferred by emancipation into another house, in which the whole crew of confederates are still refident, fo that by law they bear no relation at all to the last poffeffor of this eftate; but, as there could be no question on this head, they have produced a will, which I fhall demonftrate, I think, to be forged, and are now striving, judges, to rob me of my brother's fortune. So confident, indeed, was Cleon (nor has his confidence, it seems, forfaken him) of his exclufive title to the estate in difpute, that no fooner was Aftyphilus reported to be flain, while my father was confined by illness, and I was bearing arms abroad, than he rushed upon the land and claimed all my brother's effects in right of his fon, not waiting, as he ought, for your determination in his favour; yet, when the remains of their coufin were brought to Athens, this fictitious fon of his neither laid out the body nor buried it; but fome of his friends and fellow-foldiers, confidering the malady of my father, and my abfence from the city, performed the last honours to the dead by affifting at his funeral rites, and led my fick father to the tomb, well knowing that his piety would be acceptable to the departed fpirit; all which facts will be attested by the friends themselves who were present at these ceremonies. WITNESSES. That Aftyphilus was not interred by my opponent, has been given in evidence; nor will he himself deny it. On my return then from the war, when I found that these affociates were enjoying the fruits of my eftate, and heard Cleon affert that the will, by which my brother adopted his fon, had been left with Hierocles of Hephæftia, I went to Hierocles; not ignorant of his close connection with Cleon, but believing that he would hardly dare to fpeak falfely concerning |