Responsa על בבא בתרא 302:10
Teshuvot Maharam
Q. Before her death, Leah, in the presence of witnesses, said: "All my possessions shall go to B and C except what I have already given to charity." After her death, B and C found some of her possessions in A's hands. They demanded these possessions from A who, in turn, claimed that Leah gave them to him as a gift mortis causa before she gave anything to B and C.
A. If, while making the gift to A, Leah indicated that she was making such a gift in fear of approaching death, then her final words, giving everything to B and C, prevail, since she probably changed her mind regarding her gift to A. A, then, must return the property to B and C. But, if Leah made no mention of death when she gave some of her possessions to A, then such a gift is in the category of a "sick man's gift of part of his property" (Baba Batra 151b) which requires a kinyan (formal act of possession). Since in this case, there was a kinyan (the property was in A's possession at the time of the gift), the property belongs to A.
SOURCES: Cr. 206; Pr. 34; L. 344; Tesh. Maim to Kinyan, 12. Cf. Tur Hoshen Mishpat 250; ibid. Beth Joseph ad. 1.
A. If, while making the gift to A, Leah indicated that she was making such a gift in fear of approaching death, then her final words, giving everything to B and C, prevail, since she probably changed her mind regarding her gift to A. A, then, must return the property to B and C. But, if Leah made no mention of death when she gave some of her possessions to A, then such a gift is in the category of a "sick man's gift of part of his property" (Baba Batra 151b) which requires a kinyan (formal act of possession). Since in this case, there was a kinyan (the property was in A's possession at the time of the gift), the property belongs to A.
SOURCES: Cr. 206; Pr. 34; L. 344; Tesh. Maim to Kinyan, 12. Cf. Tur Hoshen Mishpat 250; ibid. Beth Joseph ad. 1.
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Teshuvot Maharam
Q. Before her death, Leah, in the presence of witnesses, said: "All my possessions shall go to B and C except what I have already given to charity." After her death, B and C found some of her possessions in A's hands. They demanded these possessions from A who, in turn, claimed that Leah gave them to him as a gift mortis causa before she gave anything to B and C.
A. If, while making the gift to A, Leah indicated that she was making such a gift in fear of approaching death, then her final words, giving everything to B and C, prevail, since she probably changed her mind regarding her gift to A. A, then, must return the property to B and C. But, if Leah made no mention of death when she gave some of her possessions to A, then such a gift is in the category of a "sick man's gift of part of his property" (Baba Batra 151b) which requires a kinyan (formal act of possession). Since in this case, there was a kinyan (the property was in A's possession at the time of the gift), the property belongs to A.
SOURCES: Cr. 206; Pr. 34; L. 344; Tesh. Maim to Kinyan, 12. Cf. Tur Hoshen Mishpat 250; ibid. Beth Joseph ad. 1.
A. If, while making the gift to A, Leah indicated that she was making such a gift in fear of approaching death, then her final words, giving everything to B and C, prevail, since she probably changed her mind regarding her gift to A. A, then, must return the property to B and C. But, if Leah made no mention of death when she gave some of her possessions to A, then such a gift is in the category of a "sick man's gift of part of his property" (Baba Batra 151b) which requires a kinyan (formal act of possession). Since in this case, there was a kinyan (the property was in A's possession at the time of the gift), the property belongs to A.
SOURCES: Cr. 206; Pr. 34; L. 344; Tesh. Maim to Kinyan, 12. Cf. Tur Hoshen Mishpat 250; ibid. Beth Joseph ad. 1.
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