Legacies , as a testamentary disposition by virtue of w/c a parson is called by the testator to inherit an individual of personal

property while devises, as a testamentary disposition by virtue of w/c a person is called to inherit of real property.
Testator charge w/ the payment of delivery the ff. compulsory heir, any voluntary heir & any legatee or devisee and lastly the
estate rep. by the executor or administrator.
How to reconcile art 911 and art 950? Art 911 applies the following cases when the reduction is necessary to preserve the
legitime of a compulsory heir from impairment whether there are donation intervivos or not, though the legitime has been
reserved by the testator himself by leaving the compulsory heir sufficient property to cover their lagitime. When there are no
compulsory heirs and the entire estate is distributed by the testator as legacies or devises or ,When there are compulsory
heirs, but their legitime has already been provided for by the testator and there are no donations inter vivos
X prior to his death make a will he gives to his LC,A,B only their legitime .he give 5K to a friend R as remuneration for services
10K to F as ordinary legacy The net value of estate only 40K. ? Since the legitime of the two children has been already provided
for by the testator the legacy of R shall be satisfied ahead of the others art 950. The renaming 15kout of the free portion. The
legacy to S shall then be satisfied the 5k left out of free portion w/c shall go to E. hence nothing remains for F.
Fr R Ramn catholic case? This contention should not be sustained. Under Art. 1025. 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. A execute a will before his automobile accident leaving his 80K estate to brother, C&D his relatives wife,? Apply Art.
959. A disposition made in general terms in favor of the testator's relatives shall be understood to be in favor of those nearest
in degrees W is the only compulsory heir is entitled to a legitime of 40K hence the remaining 40K shall be given to the
relatives nearest in degree. W here is not a relative therefore she shall no longer participate in free portion. C&D nephews of
the testator, are excluded by B, brother of the testator. Principle of proximity Art. 962. In every inheritance, the relative
nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place. There is no
exception to this rule. what are the exception of the rule relatives of the same degree shall inherit equal share? 1)Par 2 art 987
Should there be more than one of equal degree belonging to the same line they shall divide the inheritance per capita; should
they be of different lines but of equal degree, one-half shall go to the paternal and the other half to the maternal ascendants.
In each line the division shall be made per capita.2) Art. 1006. Should brother and sisters of the full blood survive together with
brothers and sisters of the half blood, the former shall be entitled to a share double that of the latter.3) Art. 974. Whenever
there is succession by representation, the division of the estate shall be made per stripes, in such manner that the
representative or representatives shall not inherit more than what the person they represent would inherit, if he were living or
could inherit. Representation Art. 970. Representation is a right created by fiction of law, by virtue of which the representative
is raised to the place and the degree of the person represented, and acquires the rights which the latter would have if he were
living or if he could have inherited. Can a voluntary heir or legatee or devisee who dies before the testator who incapacitated
be represented? No. Art. 856. A voluntary heir who dies before the testator transmits nothing to his heirs. A compulsory heir
who dies before the testator, a person incapacitated to succeed, and one who renounces the inheritance, shall transmit no
right to his own heirs except in cases expressly provided for in this Code. What are the different limitations imposed by law
upon the right of representation in collateral line? The ff are, Art 972 In the collateral line, it takes place only in favor of the
children of brothers or sisters, whether they be of the full or half blood. And 975, when children of one or more brothers or
sisters of the deceased survive, they shall inherit from the latter by representation, if they survive with their uncles or aunts.
But if they alone survive, they shall inherit in equal portions the right of representation under art 856. A before his death make
a will instituting his LC, B&C and his brother D as the heirs w/o designating their shares. In the will, he also given 10K to his
friend the net value is 80K 1, If B,CD,and Eare living could he inherit fron A at the time of the death of the latter how shall be
divided? 2) If all of them died before the testator, survived by their children can each children represent them? 1) Since B&C
are compulsory heir, we must first satisfy their legitime they are entitled 20K each. Then the legacy of 10K to E must be
satisfied from the free portion of 30K w/c is disposable. The remaining 30K shall be divide equally among B,C,D all in all they
got 30k each. 2) Only the legitimate but not illegitimate children of B and C can inherit by right of representation but not the
children of D&E because D is a voluntary heir & E is a legatee, legatee and devisee cannot transmit any right to their own heirs
in case of predecease. Illegitimate person can be represented by his child or descendant, whether legitimate or illegitimate art
902. A died survive by the ff B legitimate child C illigitinate child D legitimate child E illigiyimate child can a grand children
inherit from A by right of representation? B, D, & E can inherit from A by right of representation but C cannot C excluded from
the succession under art 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives
of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. What is the
share is given to a person who inherits by representation? In testamentary succession the representative is the legitime of the
compulsory heir, while intestate succession; it is the entire share of the legal heir who represented. Intestate succession can an
adopting parent inherit from the adopted child testate or intestate? Yes adopting parent can inherit from adopted child by
testamentary succession. Under the testate succession there is no law prohibits the latter from making a will instituting the
adopter as heir, legatee or devisee. Under FC the adopting parent can inherit from the adopted or get a share on the estate of
the adopted. Surviving spouse in intestate succession? The ff Art 995 the surviving spouse shall inherit the entire estate. Art.
996. If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the
same share as that of each of the children.997 widower survives with legitimate parents or ascendants, the surviving spouse
shall be entitled to one-half of the estate, and the legitimate parents or ascendants to the other half. 998. If a widow or
widower survives with illegitimate children, such widow or widower shall be entitled to one-half of the inheritance, and the
illegitimate children or their descendants, whether legitimate or illegitimate, to the other half. 1001. Should brothers and
sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the
brothers and sisters or their children to the other half. 1000. If legitimate ascendants, the surviving spouse, and illegitimate
children are left, the ascendants shall be entitled to one-half of the inheritance, and the other half shall be divided between
the surviving spouse and the illegitimate children so that such widow or widower shall have one-fourth of the estate, and the
illegitimate children the other fourth.