Practice question
Two usufructuaries are designated under a will. The required accretion facts and validity are established and no other rule controls. One beneficiary becomes unable to receive. A challenger says usufruct can never fall within 1023. Which is correct?
- The express usufructuary category defeats that categorical objection.
- Usufructuaries are expressly omitted.
- Every usufruct automatically becomes absolute ownership.
- Only the property’s physical size determines accretion.
- The executor may personally take the vacant benefit.
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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