Morente vs.

Dela Santa

G.R. No. L-3891 December 19, 1907

________________________________________

Facts:

Consuelo Morente left a will when she died. The said will states, among others;
(1) that all real properties left by her shall to her husband, Gumersindo de la Santa;
(2) that her husband shall not leave her brothers after death and shall not marry anyone. In case her
husband have children by anyone, he shall not convey any portion of the property left by her, except the
1/3 thereof and the remaining 2/3 shall remain to her brother Vicente or his children, if any; and
(3) that she direct her husband to dwell in the Camarin in which the bakery owned by Consuelo is
located.

Four months after the death of Conseulo, Gumersindo married again. Elena Morente, sister of testatrix,
filed a petition for probate of the said will in which she alleged the second marriage of Gumersindo and
asked that the legacy to him be annulled. The lower court denied the petition on the ground that the
husband having married had the right to use the property during his life and that 2/3 thereof would pass
to Vicente and 1/3 thereof could be disposed of by the husband. From that order, Elena claims that by
the mere marriage of the husband at once lost all his rights acquired in the will.

ISSUE: WON the testratrix intend to impose a condition that if her husband married again he
should forfeit the legacy given to him by the first clause of the will.
RULING:
No.
In order to make a testamentary provision conditional, such condition must fairly appear from
the language used in the will.
In here, there is no express condition attached to the legacy that if the husband fails to comply
with the second and third clauses he shall lose the legacy given to him by the first clause of the
will. Thus any condition cannot be implied from the context of the will.
Hence, the subsequent marriage of the husband did not forfeit the legacy given to him by the
first clause of the will.
Ruling:

There being no express condition attached to that legacy in reference to the second marriage, we
cannot say that any condition can be implied from the context of the will.