Practice question
A specifically devised asset was mortgaged to secure a recoverable debt after execution of the will. No contrary intention appears. Does Article 934 exclude estate payment solely because the mortgage came later?
- Yes, only earlier mortgages are covered
- Yes, all later mortgages disappear
- Only the devisee’s preference matters
- No; Article 934 expressly applies the same rule to a mortgage after the will
- The asset becomes ownerless
Legal references
- Civil Code, Articles 876-885,889-901,919-921,934-940 and970-977: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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