PEH023

PEH023

A woman gave birth 11 months after the death of her husband to a son, whom she claimed was fathered by the deceased and therefore had equal inheritance rights as the brother. However, her poor lifestyle was known to the community. Moses Gomez de Mesquita decides that the child is not entitled to inheritance. Interestingly, he cites a contrary decision by Spanish courts that recognized a posthumous child as legitimate even after 16 months, suggesting that this decision was influenced by consideration for his noble mother. He also dismisses the view of Paulus Zacchias, who considers a conception time of 12 months possible.

1

23

1729-10-25

1730-02-18

Gomez

Gomez de Mesquita, Moses

AthiasD

Athias, David Israel