Responsa for Bava Batra 259:11
ההוא מיבעי ליה לכדתניא אבא חנן אמר משום רבי אליעזר
should inherit all his estate, his instruction is legally valid, for R. Johanan said: IF [A PERSON] SAID [IT]<span class="x" onmousemove="('comment',' Gave instructions as to whom he desired to be his heir. ');"><sup>20</sup></span> CONCERNING ONE WHO IS ENTITLED TO BE HIS [IMMEDIATE] HEIR, HIS INSTRUCTIONS ARE LEGALLY VALID. R. Judah said in the name of Samuel: The <i>halachah</i> is in agreement with [the view of] R. Johanan b. Beroka. And so said Raba: The <i>halachah</i> is in agreement with [the view of] R. Johanan b. Beroka. Raba said: What is the reason [for the opinion] of R. Johanan b. Beroka? — Scripture said: Then it shall be, in the day that he causeth his sons to inherit<span class="x" onmousemove="('comment',' Deut. XXI, 16. ');"><sup>21</sup></span> [from which it is to be inferred that] the Torah gave authority to a father to cause anyone<span class="x" onmousemove="('comment',' Of his sons; or, according to the first interpretation (supra note 1), any one of his legal heirs. ');"><sup>22</sup></span> whom he desires to inherit [his estate]. Abaye said to him: This [law,<span class="x" onmousemove="('comment',' That a father may transmit all his estate to any one of his sons (or heirs). ');"><sup>23</sup></span> surely, could be] deduced from, He may not make [the son of the beloved] the firstborn!<span class="x" onmousemove="('comment',' Ibid. Which shows that it is only the birthright that a father may not transfer to another son. The other shares of his estate, however, he may, consequently, assign to whomsoever he pleases. ');"><sup>24</sup></span> — That [text] is required for [the purpose of another inference], as it was taught: Abba Hanan said in the name of R. Eliezer:
Teshuvot Maharam
A. The term "sons" when used in vows does not include daughters. Moreover, a person who has sons has no right to give his daughter the status of an heir. Therefore, A's daughter is not entitled to the share of an heir in A's estate.
SOURCES: L. 236; Mord. B. B. 603; Agudah B. B. 190; cf. Sinai IV (1941) 10, no. 88.
Teshuvot Maharam
A. As soon as a person dies his estate falls automatically to his heirs, except whatever he has given away before his death. Therefore, the father's words are of no avail, and A receives his share of his father's estate.
SOURCES: Pr. 475.
Teshuvot Maharam
A. B is under no obligation to A for the following reasons: 1) We believe B's claim that he included the money of his departed daughter in A's dowry, since B could have claimed that his younger daughter gave him her money, and this latter claim would have been irrefutable; 2) the father is the rightful heir of the departed daughter since C's provision for the disposition of his gift in case the daughter die childless is void.
Q. A claims that he has witnesses who will testify that B took from his (A's) father thirty marks. B claims that he returned to A whatever he had taken from his father.
A. If the witnesses will testify that B robbed A's father, A should take an oath that B did not as yet return the money to him, and be entitled to collect the thirty marks from B. If, however, B received the money from A's father in a legitimate way, B should take an oath that he had paid all the money he owed to his father, and be free from obligation.
SOURCES: Cr. 283–4; Pr. 1017; Mordecai Hagadol, p. 227a.