Responsa for Bava Batra 259:4
וכי תימא רבי יוחנן בן ברוקה אפילו אחר במקום בת ובת במקום בן קאמר והתניא רבי ישמעאל בנו של רבי יוחנן בן ברוקה אומר לא נחלקו אבא וחכמים על אחר במקום בת ובת במקום בן שלא אמר כלום
[had he appointed,] however, a son among the [other] sons or a daughter among the [other] daughters, his instructions would, [accordingly], have been valid; tell [me, then, what you understand by] the latter clause [which reads], R. JOHANAN B. BEROKAH SAID: IF [A PERSON] SAID [IT] CONCERNING ONE WHO IS ENTITLED TO BE HIS HEIR, HIS INSTRUCTIONS ARE VALID, surely this [represents] the same [view as that of] the first Tanna!<span class="x" onmousemove="('comment',' Wherein, then, lies the difference between them? ');"><sup>6</sup></span> And if it be suggested [that] R. Johanan b. Beroka maintains [that] even another [legal heir may be appointed] where there is a daughter, and [that] a daughter [may be appointed as heir] where there is a son;<span class="x" onmousemove="('comment',' And that it is on this point that he differs from the first Tanna. ');"><sup>7</sup></span>
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.