Responsa for Bava Batra 273:5
אמר אביי איזהו רשע ערום זה המשיא עצה למכור בנכסים כרבן שמעון בן גמליאל
[since] one<span class="x" onmousemove="('comment',' According to which the first has only the right of usufruct. ');"><sup>13</sup></span> may speak of what is the proper thing;<span class="x" onmousemove="('comment',' [H] 'as at the commencement', 'for a start'. The proper thing is that the first shall respect the wishes of the testator (who obviously desired the second to have at least some of the estate), and dispose of the usufruct only, leaving the capital itself intact for the benefit of the second. ');"><sup>14</sup></span> the other, of the law <i>ex post facto</i>.<span class="x" onmousemove="('comment',' [H] 'having been done', i.e., if the first had not come to inquire whether he is entitled to sell the land, but, acting on his own, has sold all, or part of it, the second can only receive what the first had left. ');"><sup>15</sup></span>
Teshuvot Maharam
A. Since C did not marry before A's death, and since the money never came into C's possession, it never belonged to C, and A's widow is, therefore, entitled to collect her ketubah from that money. A widow is entitled to collect her ketubah from all bequests made causa mortis, and from all gifts that are not legally to be delivered to the donee (as in cases where the donor died before the stipulated date of delivery of the gift) but which must be so delivered for the reason that "it is a meritorious act to fulfill the expressed wishes of a dying person" (Gittin, 15a).
SOURCES: Pr. 966; Mord. B.B. 629.