Philippine Bar review · Question

Practice question: Legacies and Devises

Multiple Choice Hard

Practice question

A will specifically bequeaths a painting. During life, the testator sells it to another person and later buys it back through a new ordinary purchase, not through a right of repurchase. No new testamentary disposition is made. The legatee argues that the original specific legacy necessarily revives because the painting is again in the estate. Which answer follows Article 957?
  1. Every reacquisition automatically revives the legacy
  2. The alienation renders the specific legacy ineffective, and ordinary reacquisition does not revive it under the stated rule
  3. A specific legacy is unaffected by every lifetime sale
  4. The buyer remains owner even after a valid resale to the testator
  5. The executor may invent a replacement legacy

Legal references

  • Civil Code Articles 924–953 and 957: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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