PEH360

PEH360

8

A, a wealthy merchant, left behind three sons and three daughters. On his deathbed, he bequeathed two-thirds of his estate to his sons and one-third to his daughters. When his wife pointed out that she was in a different condition and that he must also consider their unborn child, he replied that he did not believe in her pregnancy due to her advanced age. However, if it were the case, the posthumous child should inherit the entire estate of his brother B, who was elderly and living abroad. After A's death, his wife gave birth to twins, a boy and a girl. The news of B's death, who had died before A and had appointed A as his heir, led to disputes. The older children also demanded B's inheritance, arguing that this inheritance had already been part of their father's estate at the time of his death, so it should be included in their inheritance. The twins denied this, but they disagreed among themselves on whether B's inheritance should be divided in a ratio of 1:1 or 2 (son):1 (daughter). Chija Cohen de Lara ruled that the estates of A and B should be combined. The four sons should receive two-thirds, and the four daughters should receive one-third. However, if the older siblings had already divided their inheritance and would be worse off with the new distribution, they could not be forced to give up anything. In that case, the twins would have to share B's inheritance equally. (see 18 and 526).

4

7

1757-04-02

1757-07-18

Cohen

Cohen de Lara, Chija

Abendana

Abendana de Britto, Isaac Chaim