Bava Batra

It may still be maintained [that he is] liable,  but here [the case is] different,  for it resembles [the case where one states]. 'You owe a maneh to another [person]'. IF HE DIES THE PROPERTY REVERTS TO ITS OWNER [etc.]  Raba inquired: What [is the law in respect of] the natural appreciation of the estate? As regards appreciation which reaches the carriers  there is no question at all,  since this resembles PROPERTY ACQUIRED FROM OTHER SOURCES.  The question, however, arises [as to] what [is the law] in [the case of] appreciation which does not reach the carriers as, for example, [where he  gave him] a palm-tree and it grew stronger [or a plot of] land and it yielded alluvial soil.  This remains undecided. MISHNAH. IF A PERSON DIED AND A WILL  WAS FOUND TIED TO HIS THIGH,  IT IS OF NO LEGAL VALUE.  IF THEREBY  HE  MADE AN ASSIGNMENT  TO SOMEONE,  WHETHER [THIS PERSON IS ONE] OF THE HEIRS OR NOT, HIS  INSTRUCTIONS ARE LEGALLY VALID. GEMARA. Our Rabbis taught: What is a deyathiki?  — Any [deed] in which is written, 'This is to stand and to be'.  And which is a [legal] gift?  — Any [deed] in which is written, '[Acquire the gift]  from this day, and  after my death'. But, [accordingly], a gift would be [legal only when it is written] 'from this day, and after my death',  [if. however, it were written].'from now  the gift would not be [legal]?  — Abaye replied: [It is] this that was meant: 'Which is the gift of a person in good health that is [regarded] as the gift of a dying man in that no possession [of its fruit] is acquired until  after death? — Any [deed] in which it is written, "from this day and after my death".' Rabbah, son of R. Huna sat in the hall,  of the school-house,  and reported [the following statement] in the name of R. Johanan: [If] a dying man said, 'Write [the deed] and deliver a maneh to X', and he died,  they [must] neither write not deliver, since it is possible  that he has determined to give him the right of ownership by means of the deed only, and no deed [may be the means of acquiring possession] after [the testator's] death. R. Eleazar said to them, 'Be careful about this'.  R. Shezbi said [that] R. Eleazar had reported it, and [that] R. Johanan said to them, 'Be careful about this'. R. Nahman b. Isaac said: Logical reasoning favours the opinion of R. Shezbi. [For] if it be said that R. Eleazar had reported it, it was quite right [for] R. Johanan to corroborate his statement;  if, however, it be said [that] R. Johanan had said it, [was] it necessary [for] R. Eleazar to corroborate the view of R. Johanan his master? And, furthermore, come and hear [the following which proves] that R. Eleazar had recited it. For Rabin sent in the name of R. Abbahu: Be [it] known to you that R. Eleazar has sent [word] to [those in] the diaspora  in the name of our Master  [that] if a dying man said, 'Write and deliver a maneh to X', and he died, they must neither write nor deliver, since it is possible that he has determined to give him the right of ownership by means of the deed only, and no deed [may serve as a means of acquiring possession] after [the testator's] death. And R. Johanan said,  '[The matter]  shall be investigated'. What is meant by, 'it shall be investigated'? — When R. Dimi came  he said:[i]. [One] will annuls [another] will.  [ii], [If] a dying man said, 'Write [a deed] and give a maneh to X' and he died, [his motive] is inquired into.  If [it was] to strengthen his claim,  [the deed] is written; but if not,  it is not written. R. Abba b. Memel raised an objection: [It was taught,] 'If a person in good health said, "Write [a deed] and deliver a maneh to X", and he died, they must neither write nor deliver.' But, [it follows,  in the case of] a dying man, they may both write and deliver!  — He raised the objection and he himself explained it: [This refers to the case] where [the testator desired] to strengthen his  claim. How is one to understand [whether a testator desired] to strengthen [the beneficiary's] claim?