Vivencio Legasto v. Maria Verzosa

Summary

Sabina Almadin executed a will in 1925 devising land to her nieces, then partitioned the same property to them through separate deeds during her lifetime. After her death, her will was disallowed for lack of legal requisites. The estate administrator sued to recover the lands. The Supreme Court held that partition by a testator inter vivos requires a valid prior will, and since the will was invalid, the partition was null and void. Additionally, the donations were invalid under Article 633 of the Civil Code for failing to show proper acceptance by the donees or formal notification to the donor. The Court affirmed the lower court's order for return of the properties to the estate, establishing important precedents on testamentary partition and donation requirements.