Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 273:2

ורמינהי נכסי לך ואחריך לפלוני יורד ראשון ומוכר ואוכל דברי רבי רבן שמעון בן גמליאל אומר אין לראשון אלא אכילת פירות בלבד

[these are] the words of Rabbi. Rabban Simeon b. Gamaliel said: The second [may] receive only what the first had left.<span class="x" onmousemove="('comment',' According to this view, the first, being in possession of the usufruct, is regarded as being also in the possession of the capital itself, R. Johanan follows Rabban Simeon b. Gamaliel. ');"><sup>4</sup></span> An incongruity was pointed out: [If a person said]. 'My estate [shall be] yours and after you [it shall be given] to X', the first [may] go down [into the estate], and sell [it] and spend [the money; these are] the words of Rabbi. Rabban Simeon b. Gamaliel said: The first has only [the right of] usufruct. [This, surely, presents] a contradiction [between one statement] of Rabbi and the other statement of his,<span class="x" onmousemove="('comment',' Lit., 'on that of Rabbi'. ');"><sup>5</sup></span> and [between one statement] of Rabban Simeon b. Gamaliel and the other statement of his!<span class="x" onmousemove="('comment',' Lit., 'on that of Rabban Simeon b. Gamaliel'. ');"><sup>6</sup></span>

Teshuvot Maharam

Q. While still in good health, A deposited a sum of money with B and instructed him to give it to his (A's) son C upon the latter's marriage. A died. Subsequently, but before his marriage, C also died. Can A's widow collect her ketubah from the money deposited with B, or must B return the money to C's heirs?
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.
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