Practice question
A testator leaves a voluntary heir a share of the free portion with instructions to use it for a specified charitable project. Construing the will, the court finds a charge or purpose rather than an intention to suspend acquisition until completion. The executor insists every statement of purpose is necessarily a suspensive condition. Which answer follows Article 882?
- Every purpose automatically prevents acquisition until completed
- A statement of purpose or charge is not a condition unless that intention appears; the benefit may be claimed at once with the prescribed security
- A charge can never create any duty
- The executor acquires the property personally
- The law requires the project to be abandoned
Legal references
- Civil Code Articles 871–885: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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