Practice question
A will leaves a generic laptop as a legacy. No laptop is in the estate. Assuming the bequest is otherwise lawful and payable, does absence of that kind of movable alone invalidate the legacy under Article 941?
- Yes, every generic movable must already be in the estate
- No, a generic personal-property legacy may be valid even without an item of that kind in the estate
- Yes, unless it is land
- No, because the executor may keep the whole estate instead
- Yes, because only specific things can be bequeathed
Legal references
- Civil Code Articles 924–953 and 957: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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