PEH444

PEH444

A man had a daughter from his first marriage. His second marriage remained childless. He sailed overseas and disappeared there. The second wife bequeathed all the available property to a relative in Curaçao. She stipulated that the interest of the estate, until this heir could take possession of it, should go to Talmudic scholars. Until then, the estate should also be managed by guardians. The daughter demanded that she be handed over her father's estate. Moses ben David Rodriguez Lopez decides: The part of the estate which undoubtedly originated from the father's property belongs to the daughter. The part which was undoubtedly the property of the second wife goes to her heir. In the case of such assets where the previous ownership is doubtful, the daughter has the burden of proof.

5

28

1764-05-14

1764-07-01

Rodriguez

Rodriguez Lopez, Moses ben David

Salem

Salem, Salomo