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Facts:
The late Doa Leona Singson left a will which was duly
probated in SP:453 in CFI Ilocos. The will provides, among
others, that upon Consolacions death [testatrix grandniece] -
whether before or after testatrix death - the property
bequeathed to her shall be delivered in equal parts to testatrix
three brothers [one of them is Manuel] or their forced heirs
should anyone of them die ahead of Consolacion. A project of
partition was approved.
Issue:
Whether the testamentary disposition involves a
fideicommissary disposition, and not simple substitution.
[NO]
Ruling:
Appealed Judgment is Affirmed
"ART. 774. The testator may designate one or more persons to substitute
the heir or heirs instituted in case such heir or heirs should die before him,
or should not wish or should be unable to accept the inheritance.
***