Responsa for Bava Batra 270:5
<big><strong>גמ׳</strong></big> תנו רבנן איזה היא דייתיקי כל שכתוב בה דא תהא למיקם ולהיות ואיזה היא מתנה כל שכתוב בה מהיום ולאחר מיתה
IT IS OF NO LEGAL VALUE.<span class="x" onmousemove="('comment',' Lit., 'this is nothing'. The person to whom a bequest was made in this will is not entitled to receive it; since possession is to be acquired by means of the receipt of the will, and since, at the time it reaches him, the owner, being dead, is not there to transfer to him the right of ownership. ');"><sup>12</sup></span> IF THEREBY<span class="x" onmousemove="('comment',' I.e., by the handing over of the will, ');"><sup>13</sup></span> HE<span class="x" onmousemove="('comment',' The testator. ');"><sup>14</sup></span>
Teshuvot Maharam
Q. A demands from B the money his mother deposited with B, to be given to A after her death. B claims that A's mother gave him the money on condition that he return it to her, in case she needs it herself, or else give it to A after her death.
A. According to B's statement, A never gained title to the money since it was not given to him as a gift causa mortis, and he did not perform the formal act of possession necessary in order to gain title to an ordinary gift. His brothers, therefore inherited their share of the money. However, if A claims that he was present when his mother deposited the money with B, and that this money was thus deposited specifically for his benefit, as a gift causa mortis, B must swear that the facts are as he claims them to be.
This Responsum is addressed to R. Menahem ha-Levi.
SOURCES: Cr. 38; Pr. 420–421; Mord. B. B. 592; Mordecai Hagadol, p. 321c.
A. According to B's statement, A never gained title to the money since it was not given to him as a gift causa mortis, and he did not perform the formal act of possession necessary in order to gain title to an ordinary gift. His brothers, therefore inherited their share of the money. However, if A claims that he was present when his mother deposited the money with B, and that this money was thus deposited specifically for his benefit, as a gift causa mortis, B must swear that the facts are as he claims them to be.
This Responsum is addressed to R. Menahem ha-Levi.
SOURCES: Cr. 38; Pr. 420–421; Mord. B. B. 592; Mordecai Hagadol, p. 321c.
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