PEH145

PEH145

A father left behind an adult son, A, and two minor sons, B and C. A became the guardian of B and C. One day, A learned from people who came from overseas that his deceased grandfather had a significant claim against D, his former business partner in the foreign country. A traveled there and demanded payment from D for a substantial amount. However, D denied everything. A's legal position was weak because he lacked sufficient documentation regarding the claim. Unbeknownst to the family, the grandfather had entrusted all the old correspondence and relevant books to a friend for safekeeping. Unfortunately, this friend was not present when A negotiated with D. A reached a settlement with D, agreeing to receive 100,000 guilders, of which he would immediately receive his share, and his brothers would receive their portions upon reaching adulthood. When the brothers came of age, they discovered the old business records and demanded from D the portions due to them from the entire claim, which far exceeded the 100,000 guilders. The argument arose because the guardian, their brother, was supposedly only responsible for their father's assets and not for any additional assets of which their father was unaware. The physician David ben Jacob de Meza considered this subtle distinction incorrect. However, regarding the matter itself, he agreed with B and C. They could assert their claim against D in any way because a settlement was akin to a gift, and the guardian was not authorized to make such decisions.

1

145

1739-08-29

1740-01-01

deMezaD

de Meza, David ben Jacob

AthiasD

Athias, David Israel