FACTS
Father Rigor, the parish priest of Pulilan, Bulacan,
left a will executed and was probated by the Court of First Instance of Tarlac
in its order of December 5, 1935. Named as devisees in the will were the
testators nearest relatives, his three sisters. In addition, the will provided
that it be adjudicated in favor of the legacy purported to be given to the
nearest male relative who shall take the priesthood.
ISSUE
Whether or not the
bequest in question be declared inoperative.
HELD
In the law of contracts and statutory
construction, the primary issue is the determination of the testator's intention
which is the law of the case. What is no
clear is on how long after the testator's death would it be determined
that he had a nephew who would pursue an ecclesiastical vocation. The SC held
that the said bequest refers to the testator's nearest male relative living at the time of his death
and not to any indefinite time thereafter. "In order to be capacitated to inherit, the heir, devisee or
legatee must be living at the moment the succession opens, except in case of
representation, when it is proper" (Art.
1025, Civil Code). Inasmuch as the testator was not survived by any nephew who
became a priest, the unavoidable conclusion is that the bequest in question was
ineffectual or inoperative. Therefore, the administration of the ricelands by
the parish priest of Victoria, as envisaged in the wilt was likewise
inoperative.
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