Bava Batra 250:1

נכסי לסבתא ובתרה לירתאי הויא ליה ברתא דהוה נסיבא שכיבא בחיי בעלה ובחיי סבתא בתר דשכיבא סבתא אתא בעל קא תבע

'My estate [is bequeathed] to [my] grandmother, and after [her demise] to my heirs.'<span class="x" onmousemove="('comment',' I.e., on the denise of the grandmother, the estate shall revert back to his own heirs (his own sons, daughters, etc.) and shall not be inherited by the woman's heirs (her sons etc.). ');">¹</span> He had a married daughter [who] died during the lifetime of her husband and the lifetime of her grandmother. After the grandmother died, the husband came to claim [the estate].<span class="x" onmousemove="('comment',' Since his wife, if she had been alive, would have inherited that estate, he, as her husband and heir, claimed his right to that estate. ');">²</span> R. Huna said: 'To my heirs',<span class="x" onmousemove="('comment',' The expression used by the testator. ');">³</span>

אמר רב הונא לירתי ואפי' לירתי ירתי ורב ענן אמר לירתי ולא לירתי ירתי

implies, 'even to the heirs of my heirs';<span class="x" onmousemove="('comment',' Hence the husband is entitled to the inheritance of the estate. ');">⁴</span> and R. Anan said: 'To my heirs', implies, 'but not to the heirs of my heirs'. [A message] was sent from Palestine:<span class="x" onmousemove="('comment',' Lit., 'from there'. ');">⁵</span>

שלחו מתם הלכתא כוותיה דרב ענן ולאו מטעמיה הלכת' כוותיה דרב ענן דבעל לא ירית ולאו מטעמיה דאילו רב ענן סבר אע"ג דהוה לי' ברא לברתיה לא ירית ולא היא דאילו הוה ליה ברא לברתיה ודאי ירית ובעל היינו טעמא דלא ירית משום דהוה ליה ראוי ואין הבעל נוטל בראוי כבמוחזק

The law is in accordance with [the statement] of R. Anan; but not because of his reason. 'The law is in accordance with [the statement] of R. Anan' [in] that the husband is not to be the heir. 'But not because of his reason', for, whereas R. Anan holds the opinion [that] even though his daughter had a son he would not be heir,<span class="x" onmousemove="('comment',' Since he excludes the heirs of the heirs. ');">⁶</span> [the law] is not [so]; for had his daughter had a son he would certainly have been heir.<span class="x" onmousemove="('comment',' The son of a daughter (in the absence of sons and their lineal descendants), is entitled to be heir to his grandfather and is, therefore, included in the expression 'my heirs'. ');">⁷</span> The reason why the husband is not heir is this: Because [the estate] was<span class="x" onmousemove="('comment',' When his wife died. ');">⁸</span>

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. ');">⁹</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. ');">¹⁰</span>

א"ר אלעזר דבר זה נפתח בגדולים ונסתיים בקטנים כל האומר אחריך כאומר מעכשיו דמי

imply that R. Huna<span class="x" onmousemove="('comment',' Who granted the husband's claim. ');">¹¹</span> holds the opinion that a husband [is entitled] to receive of the prospective [property of his wife] as of that which is [already] in [her] possession [at the time of her death] — R. Eleazar said: This subject<span class="x" onmousemove="('comment',' R. Huna's decision. ');">¹²</span> began with the great and ended with the small.<span class="x" onmousemove="('comment',' R. Eleazar classes R. Huna (who gave the verdict) among the great, and himself (who explained it) among the small. ');">¹³</span>

אמר רבה מסתברא טעמא דבני מערבא דאי קדים סבתא וזבנא זבינה זביני

[R. Huna's reason is this:] Whosoever says, '[Another person shall be my heir] after you,'<span class="x" onmousemove="('comment',' As here, where the granddaughter has nominated heir after the grandmother. ');">¹⁴</span> is [regarded] as one who said, '[That person shall be my heir] from now'.<span class="x" onmousemove="('comment',' The granddaughter, in the case cited, consequently came into the possession of the estate during her lifetime, the grandmother only enjoying the right of usufruct. Hence, it was not 'prospective' property' that R. Huna had granted the husband. ');">¹⁵</span> Rabbah said: The reason [given] by the Palestinians<span class="x" onmousemove="('comment',' Who treated the estate as prospective property. ');">¹⁶</span>

אמר רב פפא הלכתא אין הבעל נוטל בראוי כבמוחזק ואין הבכור נוטל בראוי כבמוחזק ואין הבכור נוטל פי שנים במלוה בין שגבו קרקע בין שגבו מעות

is logical. For had the grandmother sold [the estate] prior [to her demise] the sale would have been legally valid.<span class="x" onmousemove="('comment',' This proves that the grandmother was nor only entitled to usufruct but also to the full possession of the estate. Had she sold it, the granddaughter would has e received nothing. Hence, as regards the granddaughter, the estate was only prospective, and her husband, therefore, was not entitled to claim it. ');">¹⁷</span> R. Papa said: The law is that a husband does not receive of the 'prospective'<span class="x" onmousemove="('comment',' The terms have been fully explained in the Gemara and notes supran. ');">¹⁸</span> [estate] of his wife as of that which is in her possession';<span class="x" onmousemove="('comment',' The terms have been fully explained in the Gemara and notes supran. ');">¹⁸</span> and the firstborn son does not receive of a prospective [estate of his father] as of that which is in [his father's] 'possession'. The firstborn son, [furthermore,] does not receive a double portion in a loan [owing to his father], whether [the heirs] had collected [in payment] land or whether they had collected money;