Petitioner
Ambrosia Postigo
Respondent
Dolores Borjal
Citation
G.R. No. 3643
Court
Supreme Court En Banc
Division
En Banc
Ponente
Torres, J.
Decided
March 23, 1909

Summary

This case involves interpretation of a will where deceased Enrique Borjal bequeathed land to his widow Ambrosia Postigo for four years to pay debts, then to his sister Dolores Borjal. When no creditors appeared during the prescribed period, the lower court ordered immediate transfer to Dolores. The Supreme Court reversed, emphasizing that wills must be interpreted literally per Article 675 of the Civil Code. The absence of creditors does not justify modifying the testator's express intention to grant four-year usufruct to the widow. The decision establishes that testamentary provisions cannot be altered based on circumstances not contemplated in the will, reinforcing the principle that the testator's written intent is paramount in succession matters.

Statutes applied

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By the Intellegal Editorial Board · March 23, 1909

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