[62]
The remaining
points turn on questions of equity, for we ask which
of the two sons makes the juster claim. This
question admits of still further division. The claim
of the uneducated son would have been the juster
even if both had claimed the whole property. How
much more so when one claims only a half and the
other the whole to the exclusion of his brother.
And then, even after we have dealt with all these
points, an appeal to the memory of his father will
carry great weight with the judges, more especially
as the dispute is about the father's estate. This
will give rise to conjecture as to what the intentions
[p. 45]
of the father were at the time of his dying intestate.
This conjecture, however, involves a question of
quality, and is employed in the service of a
different basis.1
1 i.e. qualitative, cp. III. vi. 43.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1922.
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