Art. 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.

NOTE: the testator knows that he is NOT the owner of the thing being given. This is why
he ORDERS the acquisition of the thing.

Example:

I hereby order my estate to acquire Xs automobile so that same may be given to Y.

NOTE: The order may be express or implied, since the law does not distinguish.

Example:

In his will, T said, I hereby give Xs car to Y.

Art. 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.

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.

Examples of rst paragraph:

(a) T gave L a particular car in his will. It turned out that at the time T made the will, L
was already the owner of the car referred to. On Ts death, L claimed the monetary
value of the car. Is L correct?

(b)T gave D a parcel of land in his will. At the time T made his will, he and D were co-
owners of the land concerned. When T dies, does D get anything?

(2) Example of the 2nd Paragraph

T in his will ordered that Ls car be freed from the chattel mortgage encumbering it. Is
the order valid?
Art. 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 been 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.

Note: the rst paragraph of Art. 932 and the rst paragraph of Art. 933 state practically
the same thing, except that the latter adds the clause even though it may have been
subsequently alienated by him.

(a)Example for said clause:

T in his will gave L the car of L. Later, L sold the car to X, and at Ts death, the car was
still owned by X. Does L get anything from Ts estate?

Note: 2nd paragraph of Art. 933 applies only when the legatee was not the owner of the
property at the time of the execution of the will.

(2) Rule If Legatee or Devisee Acquires Only After Execution of the Will

T in his will gave L the car of B. Later, B sold the car to L who remained owner thereof
till Ts death. Can L get anything by virtue of the will?

(3) What To Reimburse

In proper cases for reimbursement, the following should be reimbursed:

(a) if thru a sale the price paid therefor

(b) if thru barter the value of the thing exchanged

(c) if thru an onerous donation the value of the burden imposed

(d) if thru adjudicacion en pago the value of the credit, interests (if any), and
costs (if any).

[NOTE: In general, expenses for the above are also to be reimbursed

Art. 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.

The same rule applies when the thing is pledged or mortgaged after the execution of the
will.

Any other charge, perpetual or temporary, with which the thing bequeathed is burdened,
passes with it to the legatee or devisee.

The estate must free the property given from:

(a) pledges

(b) mortgages

(c) any other encumbrance or lien (like antichresis), if given to secure or guarantee a
recoverable debt.

What are the remedies of a mortgagee if the mortgaged property is given as a devise to
somebody by the testator?

(a) He can ABANDON his security (disregard the mortgage)

(b) He can FORECLOSE the mortgage or realize upon the security by an ordinary
action in court making the executor or administrator the party defendant

(c) He can RELY on the mortgage ALONE and foreclose at any time within the statute of
limitations (10 years from date of maturity).

Art. 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.

In the rst case, the estate shall comply with the legacy by assigning to the legatee all
rights of action it may have against the debtor. In the second case, by giving the legatee
an acquittance, should he request one.

In both cases, the legacy shall comprise all interests on the credit or debt which may be
due the testator at the time of his death.
Legacy of Credit or Remission

1. the legacy of a credit (against a third person)

T is Ds creditor to the amount of P1 million. In his will, T gave this credit to L.

2. the legacy of the remission or release of a debt of the legatee

T is Ls creditor to the amount of P1 million. In his will was remitted (waived

or condoned) this debt of L.

The legacy of a credit may be generic or specic:

generic if it refers to all the credits appertaining to the testator;

specic only if specied credits are mentioned.

Art. 936. The legacy referred to in the preceding article shall lapse if the testator, after
having made it, should bring an action against the debtor for the payment of his debt,
even if such payment should not have been effected at the time of his death.

The legacy to the debtor of the thing pledged by him is understood to discharge only the
right of pledge.