Case Digest (G.R. No. 22257)
Facts:
In the case of Emilio Natividad, Administrator of the Estate of Tiburcio Salvador y Reyes, vs. Basilia Gabino, the petitioner Emilio Natividad, acting as the administrator of the estate of the deceased Tiburcio Salvador y Reyes, appealed from an order dated August 21, 1915, issued by the Court of First Instance of Manila. The testator, Tiburcio Salvador y Reyes, had been validly married to Anselma Nicasio, who passed away in 1868, and they had a daughter, Higinia, who later married Clemente Natividad. Higinia Salvador died in 1913, leaving behind two children, Emilio and Purificacion Natividad y Salvador, who were later instituted as heirs by Tiburcio in a will executed on November 9, 1914. The will contained several clauses, the sixth of which bequeathed urban property located at Calle Lavezares and a portion of a lot on Calle Madrid to Basilia Gabino. This particular clause stated that if Basilia passed away, Lorenzo Salvador would be obligated to transfer the property to Emi
Case Digest (G.R. No. 22257)
Facts:
- Parties Involved:
- Petitioner and Appellant: Emilio Natividad, Administrator of the Estate of Tiburcio Salvador y Reyes.
- Respondent and Appellee: Basilia Gabino.
- Background of the Case:
- Tiburcio Salvador y Reyes executed a will on November 9, 1914, instituting his grandchildren, Emilio and Purificacion Natividad y Salvador, as his sole heirs.
- In the sixth clause of the will, Tiburcio bequeathed to Basilia Gabino the ownership and dominion of a property located at No. 520 Calle Lavezares and a portion of the lot at No. 419 Calle Madrid.
- The will stipulated that if Basilia Gabino died, Lorenzo Salvador (apparently her son) would be obliged to deliver the property to Emilio Natividad upon payment of P4,000.
- Dispute:
- Emilio Natividad, as the executor of the estate, proposed a partition of the estate, interpreting the sixth clause as granting Basilia Gabino only a usufruct (right to use) of the property, with ownership remaining with Emilio Natividad.
- Basilia Gabino opposed this interpretation, asserting that the will granted her full ownership and dominion over the property.
- Trial Court Decision:
- The trial court ruled in favor of Basilia Gabino, holding that the sixth clause of the will granted her ownership and dominion over the property, subject to the condition that upon her death, the property would revert to Emilio Natividad upon payment of P4,000 to Lorenzo Salvador.
Issues:
The sole issue raised in this appeal is:- What is the proper interpretation of the sixth clause of Tiburcio Salvador y Reyes' will? Specifically, whether the clause grants Basilia Gabino ownership and dominion over the property or merely a usufruct.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)