Practice question
A valid express substitution otherwise satisfies 863. The second heir survives the testator but dies before the fiduciary. What 866 consequence applies?
- The right necessarily disappears in every case.
- The fiduciary may confiscate it solely because of the later death.
- Only the executor’s unrelated relatives take.
- The second heir’s acquired right passes to that heir’s heirs.
- No second heir ever acquires a right.
Legal references
- Civil Code Articles774-794,863-867 and1347: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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