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SECTION 7: LEGACIES AND DEVISES - Coggle Diagram

- - - - WARRANTY IN CASE OF EVICTION
        
        LEGACY/DEVISE OF A THING OWNED IN PART BY THE TESTATOR; LEGACY/DEVISE OF A THING OWNED BY ANOTHER
        
        LEGACY/DEVISE OF A THING ALREADY OWNED OR SUBSEQUENTLY ACQUIRED BY THE DEVISEE/LEGATEE
        
        REMOVE ENCUMBRANCE:
        LEGACY/DEVISE TO REMOVE AN ENCUMBRANCE OVER A THING BELONGING TO THE DEVISEE/LEGATEE OR OF A THING PLEDGED OR MORTGAGED
        
        CREDIT OR REMISSION:
        LEGACY OF A CREDIT OR REMISSION
        
        Article 935. The legacy of a credit against a third person or of the remission or release of a debt of the legatee shall be effective only as regards that part of the credit or debt existing at the time of the death of the testator.
        
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        Article 932. The legacy or devise of a thing which at the time of the execution of the will already belonged to the legatee or devisee shall be ineffective, even though another person may have some interest therein.
        
        Article 934. If the testator should bequeath or devise something pledged or mortgaged to secure a recoverable debt before the execution of the will, the estate is obliged to pay the debt, unless the contrary intention appears.
        
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        If the testator expressly orders that the thing be freed from such interest or encumbrance, the legacy or devise shall be valid to that extent. (866a)
        
        Article 932. The legacy or devise of a thing which at the time of the execution of the will already belonged to the legatee or devisee shall be ineffective, even though another person may have some interest therein.
        
        Article 933. If the thing bequeathed belonged to the legatee or devisee at the time of the execution of the will, the legacy or devise shall be without effect, even though it may have subsequently alienated by him.
        
        If the legatee or devisee acquires it gratuitously after such time, he can claim nothing by virtue of the legacy or devise; but if it has been acquired by onerous title he can demand reimbursement from the heir or the estate. (878a)
        
        If the testator expressly orders that the thing be freed from such interest or encumbrance, the legacy or devise shall be valid to that extent. (866a)
        
        Article 929. If the testator, heir, or legatee owns only a part of, or an interest in the thing bequeathed, the legacy or devise shall be understood limited to such part or interest, unless the testator expressly declares that he gives the thing in its entirety. (864a)
        
        Article 930. The legacy or devise of a thing belonging to another person is void, if the testator erroneously believed that the thing pertained to him. But if the thing bequeathed, though not belonging to the testator when he made the will, afterwards becomes his, by whatever title, the disposition shall take effect. (862a)
        
        Article 931. If the testator orders that a thing belonging to another be acquired in order that it be given to a legatee or devisee, the heir upon whom the obligation is imposed or the estate must acquire it and give the same to the legatee or devisee; but if the owner of the thing refuses to alienate the same, or demands an excessive price therefor, the heir or the estate shall only be obliged to give the just value of the thing. (861a)
        
        Article 794. Every devise or legacy shall cover all the interest which the testator could device or bequeath in the property disposed of, unless it clearly appears from the will that he intended to convey a less interest. (n)
        
        ESTATE LIABLE FOR EVICTION
        
        EXCEPTION:
        IN CASE OF SUB-LEGACY OR SUB-DEVISE, LEGATEE/DEVISEE IS LIABLE
        Article 928. The heir who is bound to deliver the legacy or devise shall be liable in case of eviction, if the thing is indeterminate and is indicated only by its kind. (860)
      - SOLIDARILY LIABILITY FOR LOSS/DESTRUCTION,
        2 HEIRS POSSESS ESTATE
        Article 927. If two or more heirs take possession of the estate, they shall be solidarily liable for the loss or destruction of a thing devised or bequeathed, even though only one of them should have been negligent. (n)
    - - EXCEPTION: COMPULSORY HEIR, SUBSIDIARY LEGATEE OR DEVISEE
        Article 925. A testator may charge with legacies and devises not only his compulsory heirs but also the legatees and devisees.
        
        LEGATEE/DEVISEE
        NOT LIABLE BEYOND LEGACY/DEVISE
        The latter shall be liable for the charge only to the extent of the value of the legacy or the devise received by them.
        
        COMPULSORY HEIR
        NOT LIABLE BEYOND FP
        The compulsory heirs shall not be liable for the charge beyond the amount of the free portion given them. (858a)
        
        ONE HEIR CHARGED, ONE HEIR BOUND
        Article 926. When the testator charges one of the heirs with a legacy or devise, he alone shall be bound.
        
        NO HEIR CHARGED, EACH HEIR BOUND
        IN PROPORTION OF INHERITANCE
        Should he not charge anyone in particular, all shall be liable in the same proportion in which they may inherit. (859)
  - - - DEVISEE: PERSONS WHOM GIFTS OR REAL PROPERTY ARE GIVEN BY WILL
        LEGATEES: PERSONS TO WHOM GIFTS OF PERSONAL PROPERTY ARE GIVEN BY WILL
        Devisees and legatees are persons to whom gifts of real and personal property are respectively given by virtue of a will. (n)