Related%20passage for Bava Batra 293:1

דומה שיש לי בן עכשיו שאין לי בן נכסי לפלוני היה חולה ומוטל במטה ואמרו לו נכסיו למי אמר להן דומה שאשתי מעוברת עכשיו שאין אשתי מעוברת נכסי לפלוני ונודע שיש לו בן או שהיתה אשתו מעוברת אין מתנתו מתנה

"I thought I had a son; now, [however] that I have no son, [let] my estate [be given] to X"; [or] if a person was lying ill in bed, and on being asked to whom his estate [shall be given]. he replied, "I thought my wife was with child; now' [however] 'that my wife is not with child, [let] my estate [be given] to X"; and it [subsequently] transpired that he had a son or that his wife was pregnant, his gift is invalid,'<span class="x" onmousemove="('comment',' Because it is assumed that if he had known the facts he would not have given his estate to X but to his son or his wife. ');">¹</span> Is it to be assumed that this [statement represents the view of] R Simeon b. Menasya and not [that of] the Rabbis?<span class="x" onmousemove="('comment',' Since the Rabbis, as has been shown above, do not admit the principle of assumed motive. ');">²</span> — It may even be said [to represent the view of] the Rabbis, [but] 'I thought' is different.<span class="x" onmousemove="('comment',' In such a case as this, where the testator specifically said that he thought he had no son and that only because he was told that he had no son his estate was to be given to a stranger. even the Rabbis admit that motive which need no longer be merely assumed is the determining factor. ');">³</span>

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