PEH146

PEH146

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.

1

146

1739-08-22

1740-01-30

Cohen

Cohen de Lara, Chija

AthiasD

Athias, David Israel