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Philippine Bar review · Question

Practice question: Right of Accretion

Multiple Choice Medium

Practice question

Two legatees are jointly entitled to a monetary legacy and all accretion conditions are stipulated. One cannot receive; no substitution or other rule intervenes. Does legatee status alone exclude accretion?
  1. Yes; only a universal heir can ever accrete.
  2. Yes; monetary gifts can never be testamentary.
  3. No; because the executor may ignore the will.
  4. No;1023 expressly includes legatees.
  5. Yes; the statute addresses only land.

Legal references

  • Civil Code Articles991,997-1001,1016-1023,1026-1035,1050 and1063-1072: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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