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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.1 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.

1 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.

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