PEH668

Two cousins mutually appointed each other as heirs through a written contract and in the presence of witnesses, with immediate effect, meaning "from now on and after death." One of them later wanted to withdraw from the agreement. Is this possible? Do possessions acquired after the conclusion of the contract also fall under the agreement? Moses ben David Rodrigues Lopes denies both questions. The burden of proof that something was acquired later lies with the person who demands restitution from the legal heirs of the cousin.

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1783-04-03

Acohen d'Azevedo, David