Practice question
A will makes a pure and simple devise of a specific house owned by the testator. The devisee claims ownership from death and proposes breaking into the executor's lawful custody without requesting delivery. Which statement correctly reads Articles 948 and 953 together?
- Acquisition from death necessarily authorizes unilateral seizure
- The specific devise may confer ownership from death, but the devisee must still seek delivery through the prescribed person rather than take possession on personal authority
- The executor personally owns the house because of custody
- A specific devise can never confer ownership
- Every specific devise requires the beneficiary to buy the house again
Legal references
- Civil Code Articles 924–953 and 957: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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