Responsa for Bava Batra 273:4
דרבי אדרבי לא קשיא הא לגופא הא לפירא דרשב"ג אדרשב"ג לא קשיא הא לכתחלה הא דיעבד
and the other,<span class="x" onmousemove="('comment',' Which confers upon the first the right to sell. ');"><sup>10</sup></span> to the usufruct.<span class="x" onmousemove="('comment',' I.e., the fruit only, which certainly belongs to him and which he may certainly sell. ');"><sup>11</sup></span> There is [also] no contradiction between the two statements of Rabban Simeon b. Gamaliel<span class="x" onmousemove="('comment',' Lit., 'of Rabban Simeon b. Gamaliel on that of R. Simeon etc.! ');"><sup>12</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.
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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