PEH146
Title
PEH146
Hirsch Summary
A person named Jacob had two grandsons, both of whom had the same first name. He bequeathed 2000 fl. to "Jacob, the son of the elder son" - let's call him A. However, since the son of the younger son was the elder - let's call him B - and the Hebrew phrasing allows for interpreting it as "the elder son Jacob of my son," a dispute arose between the two cousins. Chija Cohen de Lara decides in favor of A, as the wording supports him and, additionally, it is customary to bequeath a little more to the elder son, even if he is not the firstborn. A statement from a man who had a joint business with B and testified that B should receive the 2000 fl. according to the testator's will would have no evidentiary value, as he has an interest in the outcome of the case for his own son. Regarding the theoretical question of how the case would stand if a household employee had made the same statement, de Lara decides that in that case, the money should be divided between the two grandsons.
Volume
1
Local
146
Written Date
1739-08-22
Published Date (est.)
1740-01-30
Author Short Name
Cohen
Author
Cohen de Lara, Chija
Rector Short Name
AthiasD
Rector
Athias, David Israel
Collection
Tags
Citation
“PEH146,” Pri Ets Haim Amsterdam Responsa, accessed July 6, 2025, https://pehh.library.utoronto.ca/items/show/9789.