Don Ramon Del Rosario vs Clemente Del Rosario

2 Phil. 321

FACTS:

Don Nicolas del Rosario died leaving a will and was survived by his wife. Don Ramon del Rosario file an
action against Clemente del Rosario in which the court ruled in favor of the plaintiff. The defendant-
appellant then

ISSUE:

Whether or not he is entitled for the Legacy.

HELD:

Yes. If a legatee is pointed out by name in the will, the fact that he is referred to as the natural son of a
third person does not necessarily make the legacy conditional upon proof of such relationship, the
reference being descriptive merely. Of course, had it clearly been shown to be a condition, the answer
would have been different.