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Bough v. Modesto, 94 Phil, January 28, 1954.

FACTS

Bruno Modesto, Bough and Restituto Anapo executed a private document whereby Modesto agreed that he would share to the latter-parties whatever property that he will receive by inheritance from his wife, who predeceased him eventually. It was proved in such private document that the properties were to be divided and proportioned. Bough and Restituto instituted the present action to secure judgment ordering Modesto to divide the properties left by his wife in the manner and form provided for in such private document.

ISSUE

Whether or not the contract which contains object of which is Modesto’s inheritance is valid and binding between the parties.

 

RULING

YES. The contract is valid. It is well settled that rights by inheritance are acquired and transmitted upon the death of the decedent. With this, it follows that it is perfectly legal for an heir to enter into a contract of the nature of the document. The contract becomes effective only when Modesto is declared as heir but his right over the inheritance accrues from the time his wife died.

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Posted by on July 25, 2017 in Case Digests, Civil Law, Succession

 

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