Responsa for Bava Batra 250:4
מכלל דרב הונא סבר בעל נוטל בראוי כבמוחזק
prospective [property],<span class="x" onmousemove="('comment',' At that time it was still in the possession of the grandmother. ');"><sup>9</sup></span> and the husband is not [entitled] to receive of prospective [property] as of [property which is already] in the possession [of his wife at the time of her death]. Does this<span class="x" onmousemove="('comment',' The statement that the reason why the husband was not granted the right of heirship in the estate of his wife's grandmother is because he is not entitled to inherit any 'prospective property' or his wife. ');"><sup>10</sup></span>
Teshuvot Maharam
Q. A was survived by his wife, a married daughter, and a single daughter. Subsequently the married daughter died and then her death was followed by that of her mother. The latter had not taken the required oath regarding her ketubah. The unmarried daughter took possession of A's entire estate; but, A's son-in-law demanded half of the estate on the grounds that his wife had been entitled to it, and that he was her rightful heir.
A. As long as A's widow did not take an oath regarding her ketubah, A's entire estate belonged to his two daughters. A's son-in-law, being his wife's rightful heir, is, therefore, entitled to half of A's estate.
This Responsum was addressed to Rabbi Menahem.
SOURCES: L. 226; Mord. Sheb. 780. Cf. Israel Bruno, Responsa 21.
A. As long as A's widow did not take an oath regarding her ketubah, A's entire estate belonged to his two daughters. A's son-in-law, being his wife's rightful heir, is, therefore, entitled to half of A's estate.
This Responsum was addressed to Rabbi Menahem.
SOURCES: L. 226; Mord. Sheb. 780. Cf. Israel Bruno, Responsa 21.
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