On the Estate of Astyphilos [Or. IX.]
father of Thudippos
Son of Kleon, alleged to be adopted son and heir of Astyphilos
Sister of Hieroklesmarried first to Euthykrates, then to Theophrastos
claimant and speaker
Euthykrates and Thudippos were brothers. Thudippos had a son named Kleon. Euthykrates had a son Astyphilos and a daughter. On the death of Euthykrates, his wife married a second husband named Theophrastos, by whom she had a son.
Astyphilos died on military service at Mytilene. As soon as the news of his death reached Athens, Kleon took formal possession of his estate1
, § 3) in the name of his own son, who, as he alleged, had been adopted by Astyphilos, and in evidence of whose claim he produced a will.
Presently the son of Theophrastos—who had been serving abroad—returned to Athens, and claimed2
the estate of his half-brother Astyphilos. In this speech he contends that the will alleged by Kleon is a forgery.
The date—a difficult point—is probably about
369 B.C. Astyphilos (§ 14) ‘first went on a campaign to Corinth—then to Thessaly—then he served through the whole Theban War—in short, wherever he heard of an army being raised, he was off to it with a company (λοχαγῶν
)......and this expedition to Mytilene was his last.’ The allusions to Thessaly3
cannot be fixed. The others are to the Corinthian War of 394—387 and the Theban War of 378—3715
Kleon and his son have already been adopted into
another family; and have thus forfeited their claim as kinsmen
to the estate of Astyphilos6
. Hence they resorted to the fiction of a will: and Hierokles, uncle of the speaker, pretends that this will was left with him. Astyphilos did not even receive the last rites from the man who pretends to have been his adopted son (§§ 1—6).
If Astyphilos had intended such an adoption, he would have called kinsmen or intimate friends as witnesses. But the witnesses now produced are strangers (§§ 7—13). Again, Astyphilos served in many expeditions before that to Mytilene. Is it likely that he should have delayed making his will—if he was going to make one—till just before the last campaign? (§§ 14, 15.) Astyphilos hated Kleon, because Euthykrates had died of injuries received from Thudippos, Kleon's father (§§ 16—21). Hierokles, ungrateful to the speaker's father Theophrastos, has plotted this fraud with
Kleon (§§ 22—26). The speaker and Astyphilos were close friends from boyhood; and Theophrastos treated Astyphilos as a son (§§ 27—30). It is unlikely, then, that Astyphilos should have preferred Kleon's son to the speaker. The relatives of Astyphilos have never recognised the alleged adoption by admitting Kleon's son to the family sacrifices (§§ 31—33). Epilogue: §§ 34—37.