- Statute
- Civil Code
- Article
- Art. 952
- Topic
- Testamentary Succession
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE IV SUCCESSION
- Chapter
- CHAPTER 2 Testamentary Succession
- Formerly
- Art. 886a of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
The heir, charged with a legacy or devise, or the executor or administrator of the estate, must deliver the very thing bequeathed if he is able to do so and cannot discharge this obligation by paying its value. Legacies of money must be paid in cash, even though the heir or the estate may not have any. The expenses necessary for the delivery of the thing bequeathed shall be for the account of the heir or the estate, but without prejudice to the legitime. (886a)
Intellegal Wiki · In plain terms
An heir, executor, or administrator burdened with a legacy or devise must hand over the exact thing left by the will if he can, and cannot instead just pay its cash value. Money legacies must be paid in cash even if the estate has none, and the cost of delivering the bequeathed thing falls on the heir or estate — but never at the expense of the compulsory heirs' legitime.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Antonio Iribar v. Millat G.R. No. 1638