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  • 174 Vda de Mapa V CA

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    Louis Tan
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    A trust was created in the will when the testator appointed her husband as universal heir but with the obligation to deliver the estate properties in equal parts to nephews and nieces as beneficiaries. While a trust was created, it is only effective over the free portion of the estate and not the legitime share reserved by law for the surviving spouse. The Supreme Court ruled that the testator intended to create a trust despite not using the word, as evidenced by designating the husband as heir but stipulating he must deliver the properties to named beneficiaries.

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    174 vda de Mapa v CA

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    A trust was created in the will when the testator appointed her husband as universal heir but with the obligation to deliver the estate properties in equal parts to nephews and nieces as beneficiaries. While a trust was created, it is only effective over the free portion of the estate and not the legitime share reserved by law for the surviving spouse. The Supreme Court ruled that the testator intended to create a trust despite not using the word, as evidenced by designating the husband as heir but stipulating he must deliver the properties to named beneficiaries.

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    120 views1 page

    174 Vda de Mapa V CA

    Uploaded by

    Louis Tan
    A trust was created in the will when the testator appointed her husband as universal heir but with the obligation to deliver the estate properties in equal parts to nephews and nieces as beneficiaries. While a trust was created, it is only effective over the free portion of the estate and not the legitime share reserved by law for the surviving spouse. The Supreme Court ruled that the testator intended to create a trust despite not using the word, as evidenced by designating the husband as heir but stipulating he must deliver the properties to named beneficiaries.

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    © All Rights Reserved
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    CIVIL LAW REVIEW I – ATTY.

    LEGARDA

    Vda. De Mapa v CA AUTHOR: Tan, Louis


    [G.R. No. L-38972; Septmeber 28, 1987] NOTES:
    TOPIC: Substitution of Heirs; Fideicommisary
    Substitution
    PONENTE: J. Fernan
    CASE LAW/ DOCTRINE: A trust is created when the testator imposes upon the heir the obligation to deliver the
    properties to another, called the beneficiaries.

    FACTS:
     Petitioners Paz Gracia Vda. De Mapa instituted this case to recover from the estate of the late Ludovico Hidrosillo,
    the properties left by the late Concepcion Hidrosollo.
     They claimed that Concepcion instituted Ludovico as universal heir to the residue of her estate with the obligation
    to hold the same in trust for petitioners who are nephews and nieces of Concepcion and respondents who are
    nephews and nieces of Ludovico. And that Ludovico died without having fulfilled such obligation so that the
    estate of Concepcion formed part of the estate of Ludovico.
     The lower court granted the complaint ruling that a trust was created over the properties and ordered the
    respondents to reconvey the same to the petitioners.
     The CA however, reversed the same, ruling instead that no trust nor fideicommissary substitution was created.
    ISSUE(S): WON a trust was created by the deceased in her will

    HELD: Yes

    RATIO:
     The pertinent provisions of Concepcion’s will reveal that she intended to create a trust in favor of both
    petitioners and respondents.
     Ludovico Hidrosollo was instituted as sole and universal heir to the rest of the properties not covered by the
    legacies in the preceding paragraphs, but he was charged (encargo) with the obligation to deliver the rest of the
    estate in equal parts to the nephews and nieces, who, as beneficiaries, were directed to deliver annually to one
    Salvador Genova, during his lifetime, cavans of palay fir his assistance in the harvest, and to allow the same to
    maintain his house in the land without compensation.
     Although the word "trust" itself does not appear in the Will, the testatrix's intent to create one is nonetheless
    clearly demonstrated by the stipulations in her Will. In designating her husband Ludovico Hidrosollo as
    universal and sole heir with the obligation to deliver the properties to petitioners and private respondents, she
    intended that the legal title should vest in him, and in significantly referring to petitioners and private
    respondents as "beneficiarios," she intended that the beneficial or equitable interest to these properties should
    repose in them.
     However, we must not lose sight of the fact that as the surviving spouse of the testatrix, Ludovico Hidrosollo
    was entitled to a legitime of one-half (1/2) of her hereditary estate. As that portion is reserved by law for the
    compulsory heirs, no burden, encumbrance, condition or substitution of any kind whatsoever may be imposed
    upon the legitime by the testator. (Art. 904, second paragraph, Ibid) The trust created by Concepcion Mapa
    should therefore be, as it is hereby declared to be effective only on the free portion of her estate, i.e., that
    portion not covered by Ludovico Hidrosollo's legitime.
    DISSENTING/CONCURRING OPINION(S):

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