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& 2019 PRE-WEEK NOTES
donation to the former was never perfected. According to Art. 734 of the Civil Code, the donation is perfected
the moment the donor knows of the acceptance by the donee. J never read O's letter of acceptance as it was
filed together with other unread messages. Moreover, O does not have any remedy since acceptance must be
‘made during the lifetime of both the donor and the donee (CIVIL CODE, Art. 746), therefore, J's donation to
him can never be perfected since the latter already passed away.
Jose filed a complaint for quieting of title over a parcel of land against Joseph. He alleged that he is
the true and registered owner of the parcel of land after acquiring it through a Deed of Donation
executed by his mother. His mother acquired the same property from Josia and her co-owner
Josephine through a Deed of Sale dated December 16, 1994 which finds its origin from OCT No. R-578.
Joseph, in his defense, alleged that his title was based on authentic documents while the title of Jose's
predecessor-in-interest is evidently null and vold ab Initio because it was derived from a Deed of Sale,
dated December 16, 1994 which was supposedly signed by vendor Josia although she was already
dead, having died on August 25, 1988. Moreover, the signatory-vendor, Josephine denied that she ever
signed the Deed of Sale which is supposedly that of her husband, Jojo, signifying his conformity to
the sale, is likewise a fake signature of her husband because he was already dead at the time of the
execution of the document having died on June 14, 1980.
‘The RTC ruled for Joseph noting that the transferors of the title Jose is holding had long been dead
before the Deed of Sale had been executed. Jose appeals and argues that he is an innocent holder for
value. Decide.
by a Deed of Donation and not by, jase. Hence, of an innocent purchaser for value cannot
apply to him, Moreover n Ingusahy. Hels of Reyes, fod that on cases of falaied documonts
imehing prope ouch a5 Sd cnalbnf thes ry, encanto and soeerart
of subuivcion with sale, pended documents, are nulfagd vokt> Ang that TCT issued by vituo of the-
falsified documents are. oo ~S *
5
bo Ae ad
“There is fraud on ha Panyferoffne preBeriyon sia ant 2h ine t8 Jose's mother on the’ basis of
fake signatures consitiering ‘at the the vendor signatories therein\are alhdeagl)As such, by applicability of the
foregoing jursprudedc®, the/deed ig considered 9 forged deed and heed null and void. Thus, the tie that
sou rir bond urn he rushers Deo nul ana "thgrefore, wan.terved nothing fo
him by his mothers Deed, Denaten (Cambio 2502} lanuary 24, 2018, Covered
<<
“" i J
Jose is not an innocent Sah Re a,donee acquiring the property gratuitously
WW \@&
(b) What are the kinds and peried of of sea
a. Prescription is a Sage x ediing for tsar Laie, ner real rights. It is concerned with
fapse oft Intro manger ard dae copes i ow by a ramoy. tat tho possesson shoud
be in the concept of an o¥nerSublic, peaceful unit ntetrupted and adverse.
‘Acquisitive prescription is either ordi 8 Sxiraordinary. Ordinary acquisitive prescription requires
possession in good faith and with just ttle for 10 years, In extraordinary prescription ownership and
ther real rights over immovable property are acquired through uninterrupted adverse possession
thereof for 30 years without need of tile or of good faith (Gesmundo v. CA, G.R. No. 119870,
December 23,1899.)
How may prescription of actions be interrupted?
The prescription of actions is interrupted when: (1) they are filed before the court, (2) there is a written
extrajudicial demand by the creditors, and (3) there is any written acknowledgment of the debt by the debtor
(CIVIL CODE, Art. 1155).
For many years, the Laguna De Bay deposited soil along its bank beside the titled land of J. In time,
such deposit reached an area of one thousand square meters. With the permission of J, E cultivated
the said area. Thirty-two (32) years later, a big flood occurred in the river and transferred 1000 square
meters to the opposite bank, beside the land of A. The land transferred is now contested by J and A as.
riparian owners and by E who claims ownership by prescription. Who should prevail? Decide.
J should prevail. The disputed area, which is an alluvion, belongs by right of accretion to J, the riparian
owner (CIVIL CODE, Art. 457). When, as given in the problem, the very same area was “transferred” by flood
waters to the opposite bank, it became an avulsion and ownership thereof is retained by J who has two years
to remove it (CIVIL CODE, Art, 459). E's claim based on prescription is baseless since his possession was by
26 | 2015 SAN BEDA LAW CENTRALIZED BAR OPERATIONS a7.
85.
86.
mee i
mere tolerance of J and, therefore, did not adversely affect J's possession and ownership (CIVIL CODE, Art
537), Acts of possessory character executed due lo license or by mere tolerance of the owner are inadequate
for purposes of acquisitive prescription. Possession by toleranca is not adverse and such possessory acts, no
matter how long performed, do not start the running of the period of acquisitive prescription. Hence, the 30-
year period necessary for the operation of acquisitive prescription had yet to be-attained (Lamsis v. Semon
Dong-E, G.R No. 173021, October 20, 2010).
NORE
oF Y filed'a complaint for the “return” of the ownership and possession of Lots 1 and 2
against A, B and C. During the pendency of said casé, A sold Lots 1-A, 1-B (divisions of Lot 1) to S. A
died thereafter. The Court, finding that S was a buyer in good falth, declared that the Heirs of Y should
recover the actual value of the land because the sale executed between A and S was without court
approval. The Heirs of A now contend that the liability arising from the sale should be the sole liability
of A’s estate since they did not inherit the particular property Involved in the case. Is the contention
correct?
No, the contention is not correct as the lability should still be shouldered by the helrs. Art. 774 of the Civil
Code provides: Succession is a mode of acquisition by virtue of which the property, rights and obligations to
the extent of the value of the Inheritance, of a porson are transmitted through his death to another or others
‘ther by his will or by operation of law. Art: 776 further provides that the inheritance includes all the property,
Shs and obligation ofa pereon which ae no gxtpauished by his death.
Even if Heirs of A did net inherit the p me sd herein, this is of no moment because by legal fiction,
the monetary equivalent thereof devolved 22 of ther fathers Neredtary estate, and that the
hereditary assets are always hablo tho ttl ent the debts of the estate. must, however,
Be mae eat petiloner are abe gry tothe ett TerlNaller hor ertance (aivar. IAC, 8
No. L-68053, May 7, 1990).
‘Spouses A’and B are the owners’dfia parcel of land. They hive a daughter named C. After A died, B
Sha°S teas case agulngh corporation D for ieleaton ofall and vold realestate mortgage,
promissory note cancellation of notation wa ete conieate ofc and damages". Corporation
D riow alleges that © has ho. personality, to sug since there:
hlrship anit does not appear.in the reco (ht juctal o
ir Bec
pprior judicial declaration of C's
diclal partition was made by A's
Ikis not required that there bé prio judicial oo Bf,of nership to have personality to sus. Under the.
Civil Code, the tile to the property Swned Soh Who Wiewintestate passes at once to his heirs. Such
transmission ts subject to the cain of gdtiistration and the property may Be taken from the Reis for the
purpose of paying debts and expends, But this does not prevent an immediate passage ofthe tile, upon the
Geath ofthe intestate, from himself to his heirs. Without some showing that a judicial administrator had been
appointed in proceedings-to settle the estate, the right of the heirs to maintain this action is established.
‘The fact that C was not judicially dectared as heir is of no moment, for there was no nead for a prior
declaration of heirship before heirs may commence an action arising from any right of thelr predecessor, such
as one for annulment of morigage (Payduan v. Builders Savings and Loain Association, Inc. G.R. No. 202324,
June 4, 2018, Covered Case)
Discuss the effects of preterition, imperfect disinheritarice and after-acquired properties on institution
of heir, devisee and legatee.
In cases of preterition (CIVIL CODE, Art, 854), it totally annuls the institution of heir, but the devises and
legacies shall be valid insofar as they are not inofficious.
In cases of imperfect or defective disinheritance (CIVIL CODE, Art. 918), it partially annuls the institution
of heirs only insofar as it may prejudice the person disinherited, but the devises and legacies shall be valid to
such extent as will not impair the legitime..
In cases of after-acquired properties (CIVIL CODE, Art. 793), property acquired during the interval between
the execution of the will and the death of the testator are not, as a rule, included among the properties disposed
Of, unless it should expressly appear in the will itself that such was the intention of the testator. This only
logically applies to logatees and devisees, and not to the institution of heirs because in the latter Avts. 776 and
781 state that inheritance of a person includes all the property and the transmissible rights and obligations of
‘person existing at the time of his death,
, 2018 SAN GEDA LAW CENTRALIZED BAR OPERATIONS | 27 2019 PRE-WEEK NOTES
88. Boxeciited an Affidavit of Adjudication under Rule 74, Section lof the Rules of Court fr tho ownership
of the entire estate of A. C emerged and filed a petition for the probate of the will of A alleging that the
testatrix was an American citizen at tho time of her death and was a permanent resident of
Pennsylvania, USA. It was admitted in tho trial that the laws of Pennsylvania do not have the concept
of leaitimes. The wilt preterited 8, hence, the latter opposed the same. Decide.
Although on its face; the will appeared to have preterited B and thus, the probate should have been denied
outright, it-was sufficiently established that A was, at the' time of her death, an American citizen and a
permanent resident of Pennsylvania, USA. Under Arts. 16 and 1039 of the Civil Code, the following are
‘governed by the national law of the decedent: order of succession and to.the amount of successional rights
and to the intrinsic validity of testamentary provisions and capacity to succeed. Thus; the law which governs,
5 wil is the law of Pennsylvania, USA which does not provide for legitimes and that all the estate may be
given away by the testatrix to.a complete stranger. The issue of preterition is included in the intrinsic validity of
the will thus B's opposition on the ground of preterition is untenable (Cayetano v. Leonidas, G.R. No. 54919,
May 30, 1984)
89. What are:the formalities of a will?
a. Connon Feralas
"mus Belnwrting fs. Sy
ji, It must be execytéd ‘YangUiage-or diale |to the testator
. aes cdo
b. notaranwa <> cir De: *
1. Subscription-st lenis atthe end theraot by the chisel or by testator's name written
by some. heF-person ig his. presence ‘and by his express difécticr
i. Attestod and sybserited by 3or more credble Witnest9q/y ho presence of th testator and
of one gnother) a
ii, Mcrginalsfgnature Al ofthe pages are signed, cept past helt margin by:
TNS »
pUTNE testator orth person rau st y him owe Msnarey and
(2) The insfumental witness: 1
Iv. Page numbering — Atha pages arborea viol iefters placed on the upper pait
of eachy }
¥ ArosanSetalas See iy ti wiinestnd loving:
(1)-The lumber of pages used,
(2) ‘The fact that the testatér signed. ieee obey pad thereat or causa sono oer
person ta write Nik.parhe under RIS as digeGtion, in He presence of the instrumental
witnessed; and >“ oe
(8) That the inStcunfehial withesses- witnéeed ‘ands
presence of tfie.testatot and of one\another ".."”
vi. Acknowledgment — Properly acknowledged 'beforé a notary public by the testator and the said
witnesses “
fed the will and all the pages in the
©. Hologriphic Will
|. Itmust be entirely written by the hand of the testator himself,
ii. Itmust be entirely dated by the hand of the testator himself, and
il, It must be signed by the hand of the testator himself
4d. Special Cases
i. Ifthe testator be deaf, ora deaf-mute, he must personally read the will, ifable to do so; otherwise,
he shall designate two persons to read it and communicate to him, in some practicable manner,
the contents thereof.
Ifthe testator is blind, the will shall be read to him twice; once, by one of the subscribing witnesses,
and again, by the notary public before whom the will is acknowledged
Related Jurisprudence on Formalities of Notarial Wills
Sia MOS jubseription
[wit subscribed by the thumbmark ofthe] Valid [The requirement ot “the statute that the will shall be
testator
28 | 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONS. CIVIL LAW i
i aca cone oF CAN CNTRALZED BAR OPERATIONS 3059
|Will subscribed by two different persons-|
first name by the testator while sumame|
lby another person
Valid
Ithumbmark (Dolar v. Diancin, “GR. No. L-33365,
December 20, 1930)
if writing a mark simply upon a willis sufficient indication]
lof the intention of the person to make and execute a will
then certainly the writing of a portion or al ofthe testator's
name ought to be accepted. as a clear indication of
hisfher intention to execute the will, as in this case where|
Ithe name and surname have been written by aifferent
Ipersons (Yap Tua v. Yap Ca Kuan, G.R. No. 6845
September 1, 1914).
[wit consists only of two pages:
page contains the dispositions of the|
testator, duly signed by her representative|
(in the name and under the direction of the|
testator) and the three witnesses,
l2"* page contains only. the-attestation|
|clause duly signed by the three witnesses|
INeither page is signed on the left-hand]
lmargin by the testator
Valid
in requiring that each and every sheet of the wil should
also be signed on the left margin by the testator and three
lwitnesses in. the presence of each other, the law
levidently has for its object to avoid the substitution of any|
lof said “sheets, thereby changing the testators|
ldispositions. But’ when these dispositions are wholly
luriten on only one sheet signed at the bottom by the|
Nestator and three witnesses, their signatures on the le
Imargin of said sheet would be completely purposeless|
|(Abangan.v. Abangan, G.R. No: L-13431, November 12,
1919).
Marginal signatures appeared on the
right instead of left
: ere be signed at the left margin is complied with even if
{protectod by o|n, signed in tho lo margin (Avora v.
lar. 805 which requires that every page, except the last,
ie a Ts bao ode
autnention guarded from possible alteration in|
jarcia, G.RJNo, 18966, September 14, 1921).
iin
nee a ae
Iwill paged with Arabic numerals: ard not
letters
‘Valid |
[White tt -racoiesitat the will must be paged with!
letters, mae nimorte and ovens er
[within the-spiritof the law and is just as valid as paging
setters (Nayvev. Mojal, G.R. No. L-21755,
lpesémber.20, 1924),
sheet is not paged in elther letters, of
|Arabic numerals “ae
[Will consists of only two pages, bi the 1")
Valid
[Will signed by the witness on the left-hand]
Imargin but no signatures appear after the|
lattestation clause
‘Attestation by Witnessés |
Void
|which starts at the bottom of the preceding page. As page|
|The unnumbered page is clearly identified as the first|
lpage by the intemal sense of its contents considered in
relation to the contents of the second page. By their|
meaning and coherence, the first and second lines on the|
lsecond page are undeniably a continuation of the last
[sentence of the testament, before the attestation clause,
{two contains only the two lines above mentioned, the|
lattestation clause, the mark of the testator and’ the|
signatures of the witnesses, the other sheet cannot by
lany possibilty be taken for other than page one (Lopez|
\v. Liboro G.R. No. L-1787, August 27, 1948).
[An unsigned attestation clause cannot be considered as|
jan act of the witnesses, sinco the omission of their
lsignatures at_ the bottom thereof nogatives their]
lparticipation (Cagro v. Cagro, G.R. No, L-8826, April 29,
1953)
[The will was signed in this manner:
|The three witnesses and the testator were!|
all together when the testator signed the|
wil. Afterwards, Witness A signed, again|
in the presence of all. Witness 8 also|
Valid
lsigned in the same manner. At that
[The testator and the witnesses need not actually seq|
leach other signing. Itis sufficient that they were in such]
position that they could have seen each other sign if they
Ichoose to do 50, and without any physical obstruction to}
lprevent his doing so (Jaboneta v. Gustilo, GR. No. 1641,
|January 19, 1906). This is called the test of presence
BOIS SAN BEDA LAW CENTRALIZED BAR OPERATIONS | 29 2019 PRE-WEEK NOTES
“an SED COLE OF LAW CENTGZED BA CPERATONS 2019
moment Witness A being in a. hurry to|
leave, took his hat and left the room. As he|
lwas leaving the house Witness C took the| -¥
lpen in his hand and put himself in position! 5
ito sign the will as a witness, but did net i
signin the presence of Witness A
‘Attestation Clause.
The allestation clause felled to ste the] Valid |f the allestation clause falied to stale the number of
Sie ena iB
inuriber of pages but the number of pages| lpages used, the will is not valid unless the number of
is mentioned in the acknowledgement or [pages is stated in the wil tslforin the acknowledgment
in other parts of the will |(Taboada v. Rosal, G.R. No. L-36033, November 5,
1982).
[The attestation clause falled to slate the| Void |That the wil actually consists of 8 pages including its
lnumber of pages but there is a statement lacknowiedgment, such discrepancy cannot be explained
in the Acknowledgment portion that i lby mere examination of the will itself but through the| f
consists of 7 pages including the page on resentation of evidence aliunde (In the Matter of the] :
lwhich the. raification and Petition for the Probato ofthe Last Wil and Testament of |
lacknowledgmont are writen’. [Enrique S. Lopez Richard B. Lopez v. Lopez et.al, G.R, 1
Ino. 189984, November, 12, 2012) |
IThe wil actually consists of 8 pages| .
including its acknowledgment.
[The attestation clause failed To
I aanetee a get 8
eared
—
Fai Sg epoca declare Vat he winestes
haeasba tives oxocton cei hore olny oe
powowiepatuch inten tn al
Sino aalbny Gh ie tetor {Canoe v. OA CR No
gs Mey 9 999).
“YFaltre to ciate clnber of winerees may be
‘established by th8\nurfiaer of signatures inthe wil tse
frost Eat of ted Abn, GR No. 147106
LO
[The attestation clausé fall8W}6 state the
number of witnesses
The notary ‘public Sheree will hinigelt}.
ed
[nenen babe foot pf a instrumental witness
las. the third instru a Wrret an
en
1 ho eannot ackrwledge before himself his having
Jscknowiedge tho a Mol. fro aa, cexnowtedgorert ears
Bee vor agsent, asd before means in front or
lptebsting In space ahead of. Consequenty, he cannot
[admishis having siongd the wil before himself, since he|
cant st hpgrepfalty ino two andthe nccnaiktoncy
~lothis duties 5 arfawyer and his personal act (Cruz ¥.
7 - Viteon\ RING. 1-32219, November 26, 1973),
IThe will was notarized outside thal. Void” JA: nblary-Public is authorized to. perform notarial acts
territorial jurisdiction of the notary public .| “~*~ Within his territorial jurisdiction only. Outside the place of
lhis commission, he is bereft of power to perform any)
notarial act, hence not a competent officer (Guerrero ¥.
L Binis, G.R. No. 174144, April 17, 2007).
90. _In a petition for probate of a will, oppositor A moved for the dismissal of the petition alleging that the
will is void for non-compliance with the formalities required by the law, particularly, the last page of
the will which contained only the Acknowledgment that was not signed by any of the instrumental
witnesses and by the testator. He also alleges that the attestation clause did not state the number of
pages in the will, although admittedly it is in the acknowledgment. Are the grounds for dismissal
tenable?
No, as to the first ground, because the signature on the last page which dogs net contain testamentary
disposition is not essential for the validity of the will. When Art. 805 of the Civil Code requires the testator to
subscribe at the end of the will, it necessarily refers to the logical end thereof, which is where the last
testamentary disposition ends. In this case, the last page of the will contained only the Acknowledgment.
Hence, the last page of the will does not contain any testamentary disposition; itis but a mere continuation of
the Acknowledgment. Therefore, the first ground is untenable.
No also as to the second ground, In Taboada v. Rosal, the Court allowed the probate of a will
notwithstanding that the number of pages was stated not in the attestation clause, butiin the Acknowledgment
What is imperative for the allowance of a will despite the existence of omissions is that such omissions must
30 | 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONS 91.
92,
93,
: CIVIL LAW
be supplied by an examination of the wil itself, without the need of resorting to extrinsic evidence. However,
those omissions which cannot be supplied except by evidence allunde would result in the invalidation of the
attestation clause and ultimately, of the wil itself. Hence, the second ground is also untenable. Consequently,
the motion for dismissal must be denied (Mitra v. Sablan-Guevarra, G.R. No. 213994, April 18, 2018, Covered
Case),
In another petition for probate, oppositor B moved for the dismissal of the petition alleging that the will
is void for non-compliance with the formalities required by the law, particularly, that the attestation
clause did not state the number of pages in the will. It is admitted that the’ will actually consists of 8
pages. It is also admitted that there is a statement in the Acknowledgment portion of the subject wil
that it “consists of 7 pages including the page on which the ratification and acknowledgment are
written.” Is the will valid?
No, as the defect cannot be cured by an examination of the will. While Art. 809 of the Civil Code allows
substantial compliance for defects in the form of the attestation clause, the will fails in this respect. The
statement in the Acknowledgment portion of the subject last will and testament that it "consists of 7 pages
including the page on which the ratification and acknowiedgment are written” cannot be deemed substantial
compliance. The will actually consists of & pages including its acknowledgment which discrepancy cannot be
explained by mere examination of the wil itself but through the presentation of evidence aliunde (Inthe matter
of the petition for the probate of the last will and testament of Lopez v. Lopez, G.R. No. 189964, November 12,
2012, Perlas-Bernabe J).
‘Sydney, during hor lifetime, was a successful lawyer. By her own choice, she remained unmarried and
‘dovoted all her time to taking care of her nephew and two (2) nieces: Socrates, Saffinia, and Sophia.
She wrote a will giving all her properties remaiing upon her death to the three (3) of them. The will
was admitted to probate during her lifetime. Later, she decided to make a new will giving all her
remaining properties only to the two (2) Qifigy Saffinia and Sophia. She then tore up the previously
probated will. The second will was presented for probate only after her death. However, the probate
court found the Second will to be void for falire to.comply with formal requirements. (2018 Bar)
2 EY wae
a. Will the doctrine of dependént relative révocation apply?
. Will your answer be the same ifthe Segond will wac fend to be valid but both Saffinia and
‘Sophia renounce their inhetitance? git
‘a. Yes, the doctrine wil’apply, The doctrine of dependent cat rehpcation applies if testator revokes
2 will with a presentinlentosiof making a few one Immediately anid. as a substitute, and the new one
fs nol mado, or fthade afb etl for By rosso BapRBbumed thatthe testator prefered
the old will-to intestacy,"and the did oneWill be admitted t6 probate in the absence of evidence
overcoming the presififtion, provided ils contents can be ascertained. The failure of a new
testamentary disposition upon, whose validitysthe. revocation. depends, is equivalent to the non-
fulfilment of a suspensivaisondition, and: hente préventsithe revocation of the original will (Testate
Estato of the Decoased Molo v. 'No. L-2538, September 21, 1951). In the instant caso, the
following facts are admitted: 4) tHe first will for the nephew and nieces was revoked by tearing, 2) a
new will was made, and 3) thé ew will failed to comply with formal requirements which makes it
invalid, Hence, the doctrine falls squarely on the facts.
. No, in this case the doctrine will not apply anymore. For the doctrine to apply, a substitute will must
be intended to be made but is actually not made, or, if made, falls of effect for any reason. It must be
noted that in Art. 841 of the Civil Code, a wills stil valid even though it should not contain an institution
of an heir, or such institution should not comprise the entire estate, and even though the person so
instituted Should not accept the inheritance or should be incapacitated to succeed. Here, the will was,
valid according to the formalities prescribed by the law but the heirs did not accept the inheritance.
Hence, the doctrine of dependent relative revocation will not apply
In a petition for probate of a will filed by M, the testator named and appointed M as his sole and only
executor of his estate. It is clearly stated in the Will that the testator was legally married to W by whom.
he had two legi ildren, A and B, but since 1952, he had been estranged from his lawfully
‘wedded wife and had been living with M as husband and wife. In fact, on December 5, 1952, the testator
and M married. The testator devised some properties to his forced heirs, his legal wife and his children,
‘While his ontire estate and the free portion thereof to M. The RTC, while declaring the will validly drawn
as to formalities, it went on to pass upon the intrinsic validity of the testamentary provision in favor of
M and invalidated it. Did the court act in excess of its jurisdiction?
No, the Court in this case can pass upon the intrinsic validity of the will. As a general rule, the testator's.
testamentary capacity and the compliance with the formal requisites or solemnities prescribed by law are the
ily questions that should be: presented for the resolution of the court for probate proceedings. The rule,
however, is not inflexible and absolute, When on the face of the will, itis invalid as when separaie or latter
2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONS | 31 2019 PRE-WEEK NOTES
proceedings to determine the intrinsic validity of the testamentary provisions would be superfluous, then it
Could pass upen that issue. Here, the very wordings of the will invalidate the provisions because the testator
Scmitted he was disposing the properties to a person with whom he had been living in concubinage
(Nepomuceno v. CA, G.R, Nd.L-62952, October 9, 1985).
INSTITUTION OF HEIRS
94. died in 1962, single and without descendants. Surviving were her parents, X and Y and siblings, B, aI
©, D, Eand F. F then filed a petition for probate of the will of A which instituted her as universal heir of
the deceased. X and Y opposed the petition on the ground that X and Y who are compulsory heirs of
the deceased in the direct ascending line — were illegally preterited and that in consequence the |
institution is void. The court then declared that the will is invalid. Is the will valid? {
cite Sate Nee ae opt al cl da
BR No. 123445, lune 23, 1966). eer em, -
eh NED
- /BoRSRTUHONGE HERE.
oN
fn, - a
95. Raymond, single, named tis’sjstor Ruta in-his wil. ag.a dovisedot Nparcel of land which he owned.
The will imposed upory Ruffa thé obligation of preserving the fan and transferring it, upon her death,
toner llogitimate daughter Scarletwho wes then only one year old: Raniond later died, leaving behind
his widowed mothe Ruta gnd Searet. : VoDy
1. Isthe conditiorrimposed upon Ruta,
oscar paid? | bee
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