CARMEN G. DE PEREZ, trustee of the estate of Ana Maria Alcantara ,
plaintiff-appellee, vs . MARIANO GARCHITORENA, and JOSE CASIMIRO, Sheriff of the Court of First Instance of Manila , defendants-appellants.
L.D. Lockwood and Jose M. Casal, for appellants.
Eduardo Gutierrez Repide and Leoncio B. Monzon, for appellee.
SYLLABUS
1. WILLS; INSTITUTION OF HEIRS; FIDEICOMMISSARY HEIR. — The
institution of heirs made in the will in question is in the nature of a fideicommissum: there is an heiress primarily called to enjoy the estate; an obligation clearly imposed upon her to preserve and transmit the whole of the estate to certain third persons; and there are secondary heirs. 2. ID.; ID.; ID.; DISTINCTION BETWEEN FIDEICOMMISSUM AND TRUST. — The heir instituted, or fideicommissioner, as article 783 of the Civil Code has it, is entitled to the enjoyment of the estate. The fideicommissum thus arising from a fideicommissary substitution, which is of Roman origin, is not exactly equivalent to, and should not be confused with, the English "trust."
DECISION
ROMUALDEZ , J : p
The amount of P21,428.58 is on deposit in the plaintiff's name with the