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Villaflor vs. Juico

The testator left certain properties to his wife for her use and possession while she was living, unless she remarried, in which case the properties would pass to his grandniece. The widow lived for over 34 years without remarrying. Upon her death, the grandniece claimed the properties. It was ruled that since the widow never remarried, the grandniece was entitled to the properties based on the provision in the will. The court found that the testator intended to grant his widow a life interest or usufruct, rather than outright ownership, and that this interest ceased upon her death.

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25 views

Villaflor vs. Juico

The testator left certain properties to his wife for her use and possession while she was living, unless she remarried, in which case the properties would pass to his grandniece. The widow lived for over 34 years without remarrying. Upon her death, the grandniece claimed the properties. It was ruled that since the widow never remarried, the grandniece was entitled to the properties based on the provision in the will. The court found that the testator intended to grant his widow a life interest or usufruct, rather than outright ownership, and that this interest ceased upon her death.

Uploaded by

karlonov
Copyright
© © All Rights Reserved
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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VILLAFLOR VS.

JUICO

In the will of the testator, he gave certain properties to is wife for use and possession while still living and she does
not remarry, otherwise the properties will pass to his grandniece. The widow lived for more than 34 yrs but never
married. On the widows death, the grandniece wanted to get the properties. It was contended that since the
widow never married, the grandniece cannot get the subject properties.

ISSUE: WON the grandniece can get property based on the provision on the will.

RULING: YES.

As observed what had been granted to the widow were only the use and possession of the properties while
living, the clear intent of the testator being only to grant her a life interest or a usufructuary interest an interest
which could have ceased even during her lifetime had she remarried.

ART. 791. The words of a will are to receive an interpretation which will give to every expression some effect, rather
than one which will render any of the expressions inoperative; and of two modes of interpreting a will, that one is
to be preferred which will prevent intestacy." .

SEC. 59. Instrument construed so as to give effect to all provisions. In the construction of an instrument where
there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all."
.

Speculation as to the motives of the testator in imposing the conditions contained in clause 7 of his testament
should not be allowed to obscure the clear and unambiguous meaning of his plain words, which are over the
primary source in ascertaining his intent. It is well to note that if the testator had intended to impose as sole
condition the non-remarriage of his widow, the words "uso y posesion mientras viva" would have been
unnecessary, since the widow could only remarry during her own lifetime.

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