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SUCCESSION Practice Set (for Midterm) Direction: Encircle the best answer. 1.

It is an act by virtue of which the testator designates in his will the person or persons who are to succeed him is his property and transmissible rights and obligations. a. Substitution of heir b. Representation of heir c. Institution of heir d. Intestacy 2. The onus probandi that the testator was not of sound mind at the time of making his disposition is on whom? a. on the instituted heirs. b. on the person who opposes the probate of the will. c. on the person who opposes the right of another heir to inherit. d. on the person who alleges the testators incapacity to make a will. 3. Robinhood gave Batman a legacy of his BMW car in his will. A year later, Robinhood sold the car to Spiderman for 2 million. On Robinhoods death, what will Batman get? a. The BMW carit must be repurchased. b. The 2 million. c. He gets nothing because the legacy has been revoked by operation of law. d. The estate must reimburse him for the value of the car at the time the will has been made because implied revocation is not allowed under the law. 4. What is the effect of a subsequent will which does not expressly revoke the previous one? a. It annuls only such dispositions in the prior wills as are inconsistent with or contrary to those contained in the latter wills. b. It shall be considered ineffective and the previous one still subsists. c. It annuls the entire previous will. d. It annuls only such dispositions in the prior wills as are inconsistent with or contrary to those contained in the latter wills, unless otherwise provided. 5. Can a married woman make a will without her husbands consent? a. Yes, but with authority of the court. b. Yes, she can dispose all their conjugal authority provided there is authority from the court. c. Yes, if her husband is convicted of concubinage. d. Yes, she can dispose all her separate property as well as her share of the conjugal partnership or absolute community property, without the authority from the court. 6. The validity of a will as to its form depends a. upon the observance of the law in force at the time testator died. b. upon the observance of the law in force at the time it is made. c. upon the observance of the law in force at the time the property is transmitted to the heirs. d. upon the observance of the law in force at the time the attesting witnesses signs the will. 7. Mistakes and omissions must be corrected, if the error appears from the context of the will or from extrinsic evidence, excluding the oral declarations of the testator as to his intention in case a. an uncertainty arises upon the face of the will, as to the application of any of its provisions

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b. there is an imperfect description, or when no person or property exactly answers the description. c. Both A and B. d. None of the above. 8. A valid will may not be affected by the circumstances stated, except: a. There is no institution of heir b. The institution does not comprise the entire estate c. The instituted heir repudiates the inheritance d. He becomes incapacitated e. None of the above 9. The right to dispose of ones own estate, may also be known as: a. Freedom of disposition b. Free portion c. Legitime of heirs d. Freedom of heirs e. None of the above 10. What part of the estate may be bequeathed? a. The testator may devise and bequeath the free portion as he may deem fit. b. The testator may devise and bequeath the legitime as he may deem fit. c. The testator may devise and bequeath the free portion as he may not deem fit. d. The testator may not devise and bequeath the free portion as he may deem fit 11. What is the consequence of disinheritance? a. An illlegitimate child may, in consequence of disinheritance, be deprived of his legitime, for causes expressly stated by law. b. A compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes expressly stated by law. c. A compulsory heir may, in consequence of disinheritance, cannot be deprived of his legitime, for causes expressly stated by law. d. A compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes expressly stated by the testator. 12. If the devise subject to reduction should consist of real property, which cannot be conveniently divided, what will be the rule? a. It shall go to the devisee if the reduction absorbs one-half of its value; and in a contrary case, to the compulsory heirs; but the former and the latter shall reimburse each other in cash for what respectively belongs to them. b. It shall go to the devisee if the reduction does not absorb one-half of its value; and in a contrary case, to the compulsory heirs; but the former and the latter shall reimburse each other in cash for whatever improvements have been incurred. c. It shall go to the devisee if the reduction absorbs more than one-half of its value; and in a contrary case, to the compulsory heirs; but the former and the latter shall not reimburse each other in cash for what respectively belongs to them. d. It shall go to the devisee if the reduction does not absorb one-half of its value; and in a contrary case, to the compulsory heirs; but the former and the latter shall reimburse each other in cash for what respectively belongs to them. 13. In 2003, T made a will giving X all my automobiles. In 2003, T had 5 automobiles; but in 2005, when T died, he had at the time of his death 8 automobiles. How many will X get? a. only 5 automobiles because the rest are acquired after the execution of the will. b. 8 automobiles because this is implied from the intent of T.

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c. only 5 automobiles because this is expressly provided by T in his will. d. none of the above. 14. The invalidity of one of several dispositions contained in a will does not result in the invalidity of the other dispositions, UNLESS a. it is to be presumed that the testator actually made such other dispositions even if the first disposition made is invalid. b. it is implied that the testator would not have made such other dispositions if the other invalid disposition had not been made. c. it is to be presumed that, from the oral declarations of testator, he would not have made such other dispositions if the first invalid disposition had not been made. d. it is to be presumed that the testator would not have made such other dispositions if the first invalid disposition had not been made. 15. All the statements below are correct EXCEPT a. Supervening incapacity does not validate an ineffective will, nor is the will of an incapable invalidated by the supervening of capacity. b. Supervening capacity does not invalidate an effective will, nor is the will of an incapable validated by the supervening of incapacity. c. Supervening incapacity does not invalidate an effective will, nor is the will of an incapable validated by the supervening of capacity. d. All are correct. 16. When the widow or widower survives with legitimate children or descendants, and acknowledged natural children, or natural children by legal fiction, the surviving spouse shall be entitled to what portion? a. one half of to the legitime of each of the legitimate children which must be taken from that part of the estate which the testator can freely dispose of. b. equal to the legitime of each of the legitimate children which must be taken from that part of the estate which the testator can freely dispose of. c. equal to the legitime of each of the legitimate children which must be taken from the legitime of sthe testator. d. equal to the legitime of each of the legitimate spouse which must be taken from that part of the estate which the testator can freely dispose of. 17. The testator's intention is to be ascertained from the words of the will, taking into consideration the circumstances under which it was made, excluding such oral declarations in case a. an uncertainty arises upon the face of the will, as to the application of any of its provisions b. there is an imperfect description, or when no person or property exactly answers the description. c. Both A and B. d. None of the above. 18. What is the proper manner of designating heirs? a. The testator shall designate the heir by his name and surname, and when there are two persons having the same names, he shall indicate some circumstance by which the instituted heir may be known. b. The testator shall designate the heir by his name and surname, and when there are three persons having the same names, he shall indicate some circumstance by which the instituted heir may be known. c. The testator shall designate the heir by his name and surname, and when there are two persons having the same names, he shall also indicate his nickname in some circumstance by which the instituted heir may be known. d. The testator shall designate the heir by his name and surname, and when there are more than two persons having the same names, he shall indicate some circumstance by which the instituted heir may be known.

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19. If two or more heirs take possession of the estate, a. they shall be solidarily liable for the loss or destruction of a thing devised or bequeathed, even though all of them should have been negligent. b. they shall be solidarily liable only for the loss and not the destruction of a thing devised or bequeathed, even though only one of them should have been negligent. c. 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. d. they shall be solidarily liable only for the loss and not the destruction of a thing devised or bequeathed, even though all of them should have been negligent. 20. If at the time the testator made the will, he erroneously thought that he owned certain properties, the gift of said properties will not be valid UNLESS a. before probate of the will, said properties will belong to him. b. after making the will, said properties will belong to him. c. before transmission of such properties, said properties will belong to him. d. such properties are actually his. 21. When the testator dies leaving illegitimate children and no other compulsory heirs, such illegitimate children shall have a right to? a. one-half of the hereditary estate of the deceased. The other half shall be at the free disposal of the testator. b. one-third of the hereditary estate of the deceased. The other remaining share shall be at the free disposal of the testator c. one- fifth of the hereditary estate of the deceased. The remainder shall be at the free disposal of the testator. d. None of the above. 22. Stefan orders Damon, a devisee, to give Haifa a ring or a car. Damon is given the right to choose. If Damon dies before making the choice but after Stefan dies, who will now choose what to bequeath to Haifa? a. Damons heirs, by right of representation. b. Haifa since Damons right to choose is considered personal, thus intransmissible. c. Stefans heirs, by right of representation. d. The executor of the will. 23. What will happen if legitime of compulsory heirs be impaired? a. Testamentary dispositions that impair or diminish the legitime of the compulsory heirs shall be reduced on petition of the same, insofar as they may be inofficious or excessive. b. Testamentary dispositions that impair or diminish the legitime of the compulsory heirs shall not be reduced on petition of the same, insofar as they may be inofficious or excessive. c. Testamentary dispositions that impair or diminish the legitime of the compulsory heirs shall be reduced on motion of the same, insofar as they may be inofficious or excessive. d. Testamentary dispositions that impair or diminish the legitime of the compulsory heirs shall be reduced on petition of the same, insofar as they may be officious or inexcessive. 24. How is legitime determined? a. the value of the property left at the death of the testator shall be considered, deducting all debts and charges, which shall include those imposed in the will. To the net value of the hereditary estate, shall be added the value of all donations by the testator that are subject to collation, at the time he made them b. the value of the property left at the death of the testator shall be considered, deducting all debts and charges, which shall not include those imposed in the will. To the net value of the hereditary estate,

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shall be added the value of all donations by the testator that are subject to collation, at the time he made them. c. the value of the property left at the death of the testator shall be considered, all debts and charges shall not be deducted, which shall not include those imposed in the will. To the net value of the hereditary estate, shall be added the value of all donations by the testator that are subject to collation, at the time he made them. d. the value of the property left at the death of the testator shall be considered, adding all debts and charges, which shall not include those imposed in the will. To the net value of the hereditary estate, shall be added the value of all donations by the testator that are subject to collation, at the time he made them 25. How are the rights of the illegitimate children transmitted to their descendants, whether legitimate or illegitimate? a. The rights of illegitimate children set forth in the preceding articles are transmitted upon their disinheritance to their descendants, whether legitimate or illegitimate. b. The rights of illegitimate children set forth in the preceding articles are transmitted upon their death to their descendants, whether legitimate or illegitimate. c. The rights of illegitimate children set forth in the preceding articles are transmitted upon their birth to their descendants, whether legitimate or illegitimate. d. The rights of illegitimate children set forth in the preceding articles are transmitted upon reaching the age of majority to their descendants, whether legitimate or illegitimate. 26. Which of the statement is true? a. The testator cannot deprive his compulsory heirs of their legitime, except in cases expressly specified by law. Neither can he impose upon the same any burden, encumbrance, condition, or substitution of any kind whatsoever. b. The testator cannot deprive his compulsory heirs of their free portion, except in cases expressly specified by law. Neither can he impose upon the same any burden, encumbrance, condition, or substitution of any kind whatsoever. c. The testator cannot deprive his devisee of their legitime, except in cases expressly specified by law. Neither can he impose upon the same any burden, encumbrance, condition, or substitution of any kind whatsoever d. The testator cannot deprive his legatee of their legitime, except in cases expressly specified by law. Neither can he impose upon the same any burden, encumbrance, condition, or substitution of any kind whatsoever 27. Every renunciation or compromise as regards a future legitime between the person owing it and his compulsory heirs a. is void, but the latter cannot claim the same upon the death of the former; they may bring to collation whatever they may have received by virtue of the renunciation or compromise. b. is considered not written, and the latter may claim the same upon the death of the former; but they must bring to collation whatever they may have received by virtue of the renunciation or compromise. c. is void, and the latter may claim the same upon the death of the former; but they must bring to collation whatever they may have received by virtue of the renunciation or compromise. d. is voidable, and the latter may claim the same upon the death of the former; but they must bring to collation whatever they may have received by virtue of the renunciation or compromise. 28. What will be the rule on donation to an illegitimate child? a. It shall be charged to his legitime. Should they exceed the portion that can be freely disposed of, they shall be reduced in the manner as can be gleaned from the testators intent. b. It shall be charged to the free disposal portion. Should they exceed the portion that can be freely disposed of, they shall be reduced in the manner prescribed by this Code. c. It shall be charged to his legitime. Should they exceed the portion that can be freely disposed of, they shall be reduced in the manner prescribed by the NCC.

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d. It shall be charged to anything in excess of the legitime. Should they exceed the portion that can be freely disposed of, they shall be reduced in the manner prescribed by this Code. 29. A disposition made in general terms in favor of the testator's relatives shall be understood to be in favor of a. those nearest in degree. b. the legitimate descendants only. c. both the legitimate ascendants and descendants. d. those relatives within the third degree. 30. If the legacy or devise to be given by the heir is a specific thing, a. the heir cannot be held liable for eviction since he has no choice. b. the heir can be held liable for eviction and reimbursement.

c. the heir can or cannot be held liable for eviction since he has no choice.
d. none of the above. 31. Which statement is correct? a. Any illegitimate child to whom the testator has left by any title less than the legitime belonging to him may demand that the same be fully satisfied. b. Any compulsory heir to whom the testator has left by any title less than the legitime belonging to him cannot demand that the same be fully satisfied. c. Any legatee to whom the testator has left by any title less than the legitime belonging to him may demand that the same be fully satisfied. d. Any compulsory heir to whom the testator has left by any title less than the legitime belonging to him may demand that the same be fully satisfied. 32. A testator gave X a legacy of a specific car. The testator thought that the car belonged to him but it really belonged to Y. Is the legacy valid? a. The legacy is valid. b. The legacy is voidable. c. The legacy is void. d. None of the above. 33. 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 a. 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. b. not acquire it but retain ownership particularly if the owner of the thing refuses to alienate the same, or demands an excessive price therefor, in which case the heir or the estate shall only be obliged to give the just value of the thing. c. acquire it and give the same to the secondary compulsory heirs; but if the owner of the thing does not refuse to alienate the same, nor demand an excessive price therefor, the heir or the estate shall, among others, be obliged to give the just value of the thing. d. be able to acquire the same; 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. 34. In 2003, Bagani made a will stating: I hereby give Marikits car to Amaya. In 2004, Marikit sold the car to Binayaan, a third person. Later, Bagani died. Will Amaya inherit?

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a. It depends. For under the law, the estate should acquire the car from Binayaan. b. Yes. For under the law, Marikit has no right to sell the car since it has already been bequeathed. c. Yes. For under the law, the estate should acquire the car from Binayaan. d. No. For under the law, the car already belongs to Binayaan and nothing can evict her therefrom. 35. 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 a. considered voidable, even though another heir may have some interest therein. b. ineffective, even though another person may have some interest therein. c. valid and demandable, even though another person may have some interest therein. d. ineffective, even though another heir may have some interest therein. 36. 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 a. without effect, even though it may have subsequently alienated by him. b. not written, even though another person may have some interest therein. c. valid, even though it may have subsequently alienated by him. d. ineffective, even though another person may have some interest therein. 37. Which of the following is a requisite if a will incorporates into itself by reference any document or paper to be considered as part of the will? a. It must be signed by the testator one each and every page. b. The document or paper referred to in the will must be inexistence at the time of the execution of the will. c. The will must clearly describe and identify the witnesses. d. The heirs, legacies, and devises must not repudiate. 38. 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 if: a. the testator, heir, or legatee owns all or only a part of, or an interest in the thing bequeathed. b. the testator, heir, or legatee owns only a part of, or an interest in the thing bequeathed. c. aside from the testator, heir, or legatee owns all or only a part of, or an interest in the thing bequeathed or devised. d. the testator, heir, or legatee owns not only a part of, but including the interest in the thing bequeathed.

39. The legacy of a credit against a third person shall be effective only as regards that part of the credit or debt existing at the time of the death of the testator. In this case, a. the estate shall comply with the legacy by subrogating to the legatee all rights of action it may have against the debtor. b. the estate shall comply with the legacy by giving the legatee an acquittance, should he request one. c. the estate shall comply with the legacy by assigning to the legatee all rights of action it may have against the debtor. d. B and C. 40. The legacy to the debtor of the thing pledged by him is understood to a. discharge only the right of pledge. b. discharge the right of pledge as well as the principal obligation.

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c. discharge neither the right of pledge nor the principal obligation. d. does not discharge the right of pledge. 41. Which does not comprise generic legacy of release or remission of debts? a. those existing at the time of the death of the testator as well as subsequent ones. b. those existing at the time of the execution of the will as well as the subsequent ones. c. those existing at the time of the death of the testator, but not subsequent ones. d. those existing at the time of the execution of the will, but not subsequent ones. 42. Mia owes Hanna 1 million. In her will, Mia gave Hanna a legacy of 1 million. How much will Hanna get all in all?

a. 2 million unless the state is exhausted. Under the law, the legacy given shall not be applied to credit.
b. 1 million. The legacy given to the creditor is considered a payment. c. 2 million even if the estate is exhausted in which case the heirs legitime shall be reduced pro rata. d. Hanna gets nothing. A debtor is precluded from giving legacy to his creditor.

43. What happens if the testator leaves no legitimate descendants, but leaves legitimate ascendants, the surviving spouse. a. If the testator leaves no legitimate descendants, but leaves legitimate ascendants, the surviving spouse shall have a right to one-fourth of the hereditary estate

b. If the testator leaves no legitimate descendants, but leaves legitimate ascendants, the surviving spouse shall have a right to one-half of the hereditary estate c. If the testator leaves no legitimate descendants, but leaves legitimate ascendants, the surviving spouse shall have a right to one-eighth of the hereditary estate d. If the testator leaves no legitimate descendants, but leaves legitimate ascendants, the surviving spouse shall have no right the hereditary estate 44. Which of the following statements is correct? a. If the testator orders the payment of what he believes he owes but does not in fact owe, the disposition shall be considered as ineffective. b. If the testator orders the payment of what he believes he owes but does not in fact owe, the disposition shall be considered as not written for purposes of donation. c. If the testator orders the payment of what he believes he owes but does not in fact owe, the disposition shall be considered as not written. d. If the testator orders the payment of what he believes he owes but does not in fact owe, the disposition shall be considered as valid for purposes of testamentary succession. 45. The statement that a mere charge on the estate of the testator for the payment of debts due at the time of the testators death does not prevent his creditors from being competent witnesses to his will is a. true b. false c. not valid d. considered ineffective. 46. What is the legitime if there are 2 or more legitimate children or descendants? a. If there are two or more legitimate children or descendants, the surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children or descendants b. If there are two or more legitimate children or descendants, the surviving spouse shall no portion of the legitime.

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c. If there are two or more legitimate children or descendants, the surviving spouse shall be entitled to a portion not equal to the legitime of each of the legitimate children or descendants d. If there are two or more legitimate children or descendants, the surviving spouse shall be entitled to a portion equal to the legitime of each of the illegitimate children or ascendants. 47. What is RESERVA ARTICULO? a. The descendant who inherits from his ascendant any property which the latter may have acquired by gratuitous title from another ascendant, or a brother or sister, is obliged to reserve such property as he may have acquired by operation of law for the benefit of relatives who are within the third degree and who belong to the line from which said property came. b. The ascendant who inherits from his descendant any property which the latter may have acquired by onerous title from another ascendant, or a brother or sister, is obliged to reserve such property as he may have acquired by operation of law for the benefit of relatives who are within the third degree and who belong to the line from which said property came. c. The ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant, or a brother or sister, is obliged to reserve such property as he may have acquired by operation of law for the benefit of relatives who are within the third degree and who belong to the line from which said property came. d. The ascendant who inherits from his descendant any property which the latter may have acquired by onerous title from another descendant, or a brother or sister, is obliged to reserve such property as he may have acquired by operation of law for the benefit of relatives who are within the third degree and who belong to the line from which said property came. 48. A codicil is: a. a supplement or addition to a will, made after the execution of a will and annexed to be taken as a part thereof, by which any disposition made in the original will is explained, added to, or altered. b. a supplement or addition to a will, made before the execution of a will and annexed to be taken as a part thereof, by which any disposition made in the original will is explained, added to, or altered. c. a supplement or addition to a will, made by the testator at the execution of a will and annexed to be taken as a part thereof, by which any disposition made in the original will is explained, added to, or altered. d. none of the above. 49. In what order shall the payment be made if the estate should not be sufficient to cover all the legacies or devises? 1. Remuneratory legacies or devises; 2. Legacies for education; 3. Legacies or devises declared by the testator to be preferential; 4. Legacies or devises of a specific, determinate thing which forms a part of the estate; 5. Legacies for support; 6. All others pro rata. a. 1, 2, 3, 4, 5, and 6 b. 1, 3, 5, 2, 4, and 6. c. 2, 5, 3, 4, 1, and 6 d. 4, 2, 1, 3, 5, and 6 50. All of the following statements are correct except: a. A legacy of generic real property shall be valid even if there be no things of the same kind in the estate whereas a devise of indeterminate personal property shall be valid only if there be immovable property of its kind in the estate. b. A legacy of generic personal property shall be valid even if there be no things of the same kind in the estate whereas a devise of indeterminate real property shall be valid only if there be immovable property of its kind in the estate.

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c. A legacy of generic personal property shall not be valid even if there be no things of the same kind in the estate whereas a devise of indeterminate real property shall be valid only if there be movable property of its kind in the estate. d. A legacy of generic real property shall be valid even if there be no things of the same kind whereas a devise of indeterminate personal property shall be valid only if there be immovable property of its kind. 51. Budoy revoked his will by cutting out his signature in the will, with animo revocandi. Later, he changed his mind, and pasted back his signature in its previous position. What is the effect the last act? a. The will is republished b. The will remains revoked. c. There was re-execution. d. The will is revived. 52. Which of the following statements incorrect? a. No will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court. b. The testator himself may, during his lifetime, petition the court having jurisdiction for the allowance of his will. c. Subject to the right of appeal, the allowance of the will, either during the lifetime of the testator or after his death, shall be prima facie evidence as to its due execution. d. B and C. 53. A JOINT WILL is a. wills of 2 persons wherein the disposition of one is made in favor of the other and the other also makes dispositions in favor of the other. b. one wherein the same testamentary instrument is made as the will of 2 or more persons and it is jointly executed and signed by them. c. also called TWIN WILLS. d. B and C. 54. If a person attests the execution of a will, to whom or to whose spouse, or parent, or child, a devise or legacy is given by such will, such devise or legacy shall, so far only as concerns such person, or spouse, or parent, or child of such person, or any one claiming under such person or spouse, or parent, or child, be void, unless a. there are attesting witness to the execution of the will b. he or she is a devisee or legatee in that will c. there are three other competent witnesses to such will. d. the the testator expressly provides otherwise. 55. T in his will gave X a Rolex watch which he had pledged in a pawnshop; Y a parcel of land that was mortgaged to A for 500,000.00; and Z, another parcel of land, the usufruct of which was being enjoyed by B. on Ts death, will X, Y, and Z get their gifts free from the above encumbrances? a. The legitimate heirs should pay for the pawnshop and mortgage debts, hence X and Y should get their gifts unencumbered. Z must bear the burden of the usufruct until the usufruct is legally extinguished. b. X and Y shall assume the encumbrance mentioned. Likewise, Z must bear the burden of the usufruct until the usufruct is legally extinguished. c. The estate should pay for the pawnshop and mortgage debts, hence X and Y should get their gifts unencumbered. Z must bear the burden of the usufruct until the usufruct is legally extinguished. d. X and Y cannot get their gifts unless the encumbrances are both paid. The estate shall revoke the usufruct from B so that Z can get the parcel of land devised to him.

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56. How is the legitime be deivide if the testator leaves father nor mother, but survided by ascendants of equal degree of the parental and maternal lines? a. If the testator leaves neither father nor mother, but is survived by ascendants of equal degree of the paternal lines, the legitime shall be divided equally between both lines. If the ascendants should be of different degrees, it shall pertain entirely to the ones nearest in degree of either line. b. If the testator leaves neither father nor mother, but is survived by ascendants of equal degree of the paternal and maternal lines, the legitime shall be divided equally between both lines. If the ascendants should be of different degrees, it shall pertain entirely to the ones nearest in degree of either line. c. If the testator leaves neither father nor mother, but is survived by ascendants of equal degree of the maternal lines, the legitime shall be divided equally between both lines. If the ascendants should be of different degrees, it shall pertain entirely to the ones nearest in degree of either line. d. If the testator leaves neither father nor mother, but is survived by ascendants of equal degree of the paternal and maternal lines, the legitime shall not be divided, If the ascendants should be of different degrees, it shall pertain entirely to the ones nearest in degree of either line. 57. How disinheritance can be effected? a. Disinheritance cannot be effected through a will wherein the legal cause therefor shall be specified. b. Disinheritance can be effected only through a will wherein the legal cause therefor shall be specified. c. Disinheritance can be effected only through a will wherein the legal cause therefor shall not be specified. d. Disinheritance can be effected only through a will wherein the illegal cause therefor shall be specified. 58. Which of the following is a void legacy? a. I hereby give to Peter John some automobile. b. I hereby give to Naico a few Saudi jewelries made of gold. c. A and B. d. none of the above. 59. The following are false statements except one. a. Whenever the testator expressly leaves the right of choice to the heir, or to the legatee or devisee, the heir shall choose first, and should he waive his right, the legatee or devisee shall be given the right to choose. b. Whenever the testator expressly leaves the right of choice to the heir, or to the legatee or devisee, the former may give or the latter may choose whichever he may prefer. c. Whenever the testator expressly leaves the right of choice to the heir, or to the legatee or devisee, such provision in the will is considered not written. d. Whenever the testator expressly leaves the right of choice to the heir, or to the legatee or devisee, the former shall give and the latter cannot choose. 60. In a legacy for support, if the testator has not fixed the amount of such legacies, it shall be fixed a. in accordance with the value of the estate. b. in accordance with the capacity of the legatee and the net worth of the estate. c. in accordance with the social standing and the circumstances of the legatee. d. in accordance with the social standing and the circumstances of the legatee and the value of the estate. 61. Which of the following is true?

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a. The legatee or devisee acquires a right to the pure and simple legacies or devises at the time of the execution of the will and transmits it to his heirs. b. The legatee or devisee acquires a right to the pure and simple legacies or devises from the death of the testator, and transmits it to his heirs. c. The legatee or devisee acquires a right to the pure and simple legacies or devises from the death of the testator, and transmits it to his heirs provided that prior to such death, such devisees and/ or legatees are considered usufructuary. d. The legatee or devisee acquires a right to the pure and simple legacies or devises at the time of the execution of the will but the ownership is merely naked ownership. 62. Who may freely dispose of the other half of the legitime? a. The illegitimate parents may freely dispose of the other half, subject to the rights of illegitimate children and of the surviving spouse as hereinafter provided b. The illegitimate children may freely dispose of the other half, subject to the rights of llegitimate children and of the surviving spouse as hereinafter provided c. The children or descendants may freely dispose of the other half, subject to the rights of illegitimate children and of the surviving spouse as hereinafter provided d. The surviving spouse may freely dispose of the other half, subject to the rights of llegitimate children and of the legitimate parents as hereinafter provided 63. What is the legitime reserved for the legitimate parents? If one parent dies, what would be the effect of the legitime? a. The legitime reserved for the legitimate parents shall be divided between them equally; if one of the parents should have died, the whole shall pass to the survivor. b. The legitime reserved for the legitimate parents shall not be divided between them equally; if one of the parents should have died, the no part shall pass to the survivor. c. The legitime reserved for the legitimate parents shall be only one-fourth; if one of the parents should have died, the whole shall pass to the survivor. d. The legitime reserved for the legitimate parents shall be the part; if one of the parents should have died, the whole shall pass to the survivor. 64. The following are grounds for disallowance of a will EXCEPT a. If the formalities required by law have not been complied with b. If the testator was insane, or otherwise mentally incapable of making a will, at the time of its execution; c. If it was procured by undue and improper pressure and influence, on the part of the executor or of some other person; d. If the testator acted by mistake or did not intend that the instrument he signed should be his will at the time of affixing his signature thereto. (n) 65. A will may be revoked by the testator at a. anytime before he signed the will b. anytime before the witnesses signed the will c. anytime before his death d. anytime before the probate 66. Which of the following are true? a. If the witnesses attesting the execution of a will are competent at the time of attesting, their becoming subsequently incompetent shall not prevent the allowance of the will. b. If the witnesses attesting the execution of a will are incompetent at the time of attesting, their becoming subsequently incompetent shall not prevent the allowance of the will. c. If the witnesses attesting the execution of a will are competent at the time of attesting, their becoming subsequently incompetent shall prevent the allowance of the will.

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d. All of the above. 67. Which of the following statements is incorrect. 1. If the legacy is specific, the right to it is vested from the testators death. 2. If the legacy is generic, the right to it is vested from the time the selection has been made, so as not to make the property specific. 3. If the legacy or devise is alternative, the right to it is vested from the time the choice has been made. 4. If acquired from a stranger by virtue of an order by the testator, the right to it is vested from the moment of such acquisition. a. 1, 2, and 4 only. b. 1 and 3 only. c. None of the above. d. All of the above. 68. The risk of loss and benefit of improvement in the property bequeathed or devised shall be:

a. borne by the grantee as a consequence of ownershipres perit domino.


b. borne by the grantee and the estate in half.

c. borne by the estate as a consequence of ownershipres perit domino.


d. borne by the compulsory heirs pro rata. 69. If conditional, when does the right to the legacy or devise vest? a. From the moment of the death of the testator, provided that the condition is fulfilled. b. From the time of the execution of the will, provided that the condition is fulfilled. c. From the moment of the death of the testator, even if the condition is not fulfilled. d. From the time of the execution of the will, whether or not the condition is fulfilled. 70. Shinichi, in his will, gave Misao a parcel of land 100 sq. meters in area. At his death, Shinichi left three parcels of land, each of which was 100 sq. meters. Two weeks after Shinichis death, the executor made his choice. Aside from delivering the land to the devisee, what fruits must also be given? a. The fruits accruing to the land from the time the choice was made. b. All fruits already gathered prior to and after the choice is made. c. Both A and B. d. None. The law did not include fruits to be given to the devisee. When the law did not distinguish, do not distinguish. 71. Renato in his will gave to Benigno a car and a house, the house being given with a condition. In the same will, Mr. Tupas was given a 24-karat ring and a piece of land, to each of which was attached a condition. Which of the following is correct. 1. 2. 3. 4. a. b. c. d. Benigno is not allowed to renounce the house and at the same time accept the car. Mr. Tupas is allowed to accept both the ring and the land. Benigno is allowed to renounce the house but not the car. Mr. Tupas can accept the ring but cannot renounce the land. 2 and 4 only. 1 and 3 only. 1 and 2 only. 3 and 4 only.

72. In case of incapacity or repudiation or in case it becomes ineffective, the legacy or the devise

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a. will descend by testamentary succession unless there is substitution or accretion. b. will descend by intestate succession unless there is substitution or accretion. c. will descend by intestate or testamentary succession whether or not there is substitution or accretion. d. will descend by intestate succession when there is substitution or accretion unless expressly provided by the testator. 73. Nash gave Naico a swimming pool in the formers will. Later, Nash converted the swimming pool into a tennis court. What happens to the devise? a. The devise shall be without effect because the devise is considered lost for purposes of succession. b. The devise shall take effect because the Nash transformed the thing devised in such a manner that it does not retain either the form or the denomination it had. c. The devise shall be considered void because the Nash deprived Naico of a vested right. d. The devise shall be without effect because Nash transformed the thing devised in such a manner that it does not retain either the form or the denomination it had. 74. A will made by a Filipino who is in a foreign country a. may be probated in the Philippines. b. may make a will in accordance with any of the forms established by the law of the country in which he may be. c. both A and B. d. none of the above. 75. What is the effect of subsequent reconciliation? a. A subsequent reconciliation between the offender and the offended person deprives the latter of the right to disinherit, and renders ineffectual any disinheritance that will be made; b. A subsequent reconciliation between the offender and the offended person deprives the latter of the right to disinherit and renders ineffectual any disinheritance made; c. A subsequent reconciliation between the offender and the offended person deprives the latter of the right to disinherit and renders ineffectual any disinheritance that may have been made; d. A subsequent reconciliation between the offender and the offended person deprives the latter of the right to disinherit, and renders ineffectual the disinheritance made. 76. Which of the following is correct? a. Any person of sound mind and of the age of eighteen years or more, and not blind, deaf or dumb, and able to read and write may be a witness to the execution of a will. b. Any person of unsound mind and of the age of eighteen years or more, and not blind, deaf or dumb, and able to read and write may be a witness to the execution of a will. c. Any person of sound mind and of the age of eighteen years and above, and not blind, deaf or dumb, and able to read and write may be a witness to the execution of a will. d. A and B only. 77. compliance is allowed when a. No one objects the probate of the will. b. There are defects and imperfections in the form of attestation or in the language used therein and in the absence of bad faith, forgery, or fraud, or undue and improper pressure and influence. c. When there is an imperfect description, or when no person or property exactly answers the description. d. None of the above. 78. In the probate of a holographic will, an expert testimony is

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a. required to prove the genuineness of the testators handwriting. b. resorted to if the will is contested and the court deems it necessary. c. resorted to if the court deem it necessary. d. not required. 79. Which of the following is not disqualified from being witnesses to a will: a. Any person not domiciled in the Philippines b. Those who have been convicted of falsification of a document, perjury or false testimony. c. Not convicted of falsification of document, perjury of false testimony d. Unemancipated minor 80. The burden of proving the truth for the cause of disinheritance shall rest upon _________, if the disinherited heir should deny it. a. The legatees and devisees of the testator. b. The Compulsory heirs of the testator. c. The other heirs of the testator. d. The testator. 81. A will made in the Philippines by a citizen or subject of another country, which is executed in accordance with the law of the country of which he is a citizen or subject, and which might be proved and allowed by the law of his own country, shall have the same effect as if executed according to the laws of the Philippines. TRUE OR FALSE? a. True. b. False. c. It depends. d. None of the above. 82. The following statements are false, except: a. Every disposition in favour of a known person shall be void, unless by some event or circumstance his identity becomes certain. However, a disposition in favor of a definite class or group of persons shall be valid. b. Every disposition in favour of an unknown person shall be void, unless by some event or circumstance his identity becomes certain. However, a disposition in favor of a definite class or group of persons shall be valid. c. Every disposition in favour of an unknown person shall be valid, unless by some event or circumstance his identity becomes certain. However, a disposition in favor of a definite class or group of persons shall be valid. d. Every disposition in favour of an unknown person shall be void, unless by some event or circumstance his identity becomes certain. However, a disposition not in favor of a definite class or group of persons shall be valid. 83. How are heirs instituted? a. With designation of shares shall inherit in equal parts. b. If there are compulsory and voluntary heir which is fixed at one-half (1/2) of the estate of their deceased parents. c. Without designation of shares shall inherit in equal parts. d. A nd B. e. none of the above 84. What may be bequeathed or devised? a. all property and obligation not extinguished by testators death; b. all property and obligation within the commerce of man; c. all things and rights within the commerce of man;

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d. all things and rights not extinguished by testators death. 85. Which of the following is incorrect? a. Disinheritance without a specification of the cause or for a cause the truth of which, if contradicted, is not proved, or which is not one of those set forth in this code, shall annul the institution of heirs insofar as it may prejudice the person disinherited. b. Disinheritance without a specification of the cause, if contradicted, is not proved, or which is not one of those set forth in this code, shall annul the institution of heirs insofar as it may prejudice the person disinherited. c. Disinheritance without a specification of the cause or for a cause the truth of which, if contradicted, is not proved, or which is not one of those set forth in this code, shall annul the institution of heirs insofar as it may not prejudice the person disinherited. d. Disinheritance with a specification of the cause or for a cause the truth of which, if contradicted, is not proved, or which is not one of those set forth by law, shall annul the institution of heirs insofar as it may prejudice the person disinherited. 86. The following are sufficient causes for the disinheritance of children and descendants, except: a. Conviction of a crime which carries with it the penalty of civil interdiction; b. Maltreatment of the testator by word or deed, by the child or descendant; c. The refusal to support the children or descendants without justifiable cause; d. When a child or descendant leads a dishonourable or disgraceful life. 87. Which of the following are true? a. joint wills executed by Filipinos in a foreign country shall be valid in the Philippines b. . If a joint will is executed by a foreigner abroad and it is valid in the place of execution, it shall be not recognized by our courts, because of lex loci celebrationes (law of the place of execution). c. Joint wills executed by a Filipino in a foreign country are not valid in the Philippines, even though allowed in the place of execution. d. none of the above. 88. In order that a codicil may be effective, a. it shall be executed as in the case of a will. b. it shall be executed before a notary public. c. it shall be executed before the death of the testator. d. it shall be accepted by the heirs 89. The following are sufficient causes for the disinheritance of parents and ascendants, except: a. An attempt by one of the parents against the life of the other, his or her descendants, or ascendants; b. The loss of parental authority for causes specified in this Code; c. An attempt by one of the parents against the life of the other, unless there has been a reconciliation between them; d. When the parent or ascendant has been convicted of adultery or concubinage with spouse of the testator. 90. When the testator says, I designate as my heirs Johnny and Brad, and the children of Peter. What kind of institution is it? a. Collective Institution b. Individual Institution c. A and B. d. None of the above.

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91. What happens when the testator institutes his brothers and sister, and he has some of full blood and others of half blood? a. The inheritance should be distributed equally, unless a different intention appears. b. The inheritance should be distributed by the legitimate brothers or sisters, unless a different intention appears. c. The inheritance should be distributed the illegitimate brothers or sisters, unless a different intention appears. d. The inheritance should be distributed by the surviving brothers or sisters of the full blood, unless a different intention appears. 92. Which of the following is correct? a. 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; b. If two or more heirs take possession of the estate, they shall be subsidiarily liable for the loss or destruction of a thing devised or bequeathed, even though only one of them should have been negligent; c. If two or more heirs take possession of the estate, they shall be solidarily liable for the damages caused to the thing devised or bequeathed, even though both of them should have been negligent; d. If two or more heirs take possession of the estate, they shall be subsidiarily liable for the damages caused to the thing devised or bequeathed, even though only one of them should have been negligent. 93. What will happen when the testator charges no one in particular with a legacy or devise? a. no one shall be liable; b. all shall be liable in the same proportion in which they may inherit; c. the compulsory heirs shall be liable solidarily; d. the other heirs hall be subsidiarily liable. 94. Which of the following statements are correct? a. All persons, who are not expressly prohibited may make a will. b. All persons who are not expressly prohibited by law may make a will. c. All persons, natural or juridical, who are not expressly prohibited by law may make a will. d. All persons who are over 18 years old and of sound mind at the time of their death, and are not expressly prohibited by law may make a will. 95. Which statement is true?

a. When the testator calls to the succession a person and his children, they are all deemed to have been b. c. d.
instituted not simultaneously but successively. When the testator calls to the succession a person and his children, they are all deemed to have been instituted simultaneously and successively. When the testator calls to the succession a person and his children, they are all deemed to have been instituted simultaneously and not successively. When the testator calls to the succession a person and his children, they are all deemed to have been instituted separately and not successively.

96. To annul the institution of heirs, the following requisites must concur, except: a. The cause must be shown to be true; b. The cause must be shown to be false; c. The cause for the institution of heirs must be stated in the will; d. It must appear from the face of the will that the testator would not have made such institution if he had known the falsity of the cause. 97. What constitutes soundness of mind? a. the testator was able to know the nature of the estate to be disposed of, the proper objects of his bounty, and the character of the testamentary act at the time of making the will.

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b. the testator was able to know the nature of the estate to be disposed of, the proper objects of his bounty, and the character of the testamentary act at the time of his death. c. the testator was able to know the nature of his bounty, the proper objects of the testamentary act, and the character of the estate to be disposed of at the time of making the will. d. the testator was able to know the nature of his bounty, the proper objects of the testamentary act, and the character of the estate to be disposed of at the time of his death. 98. To what extent is the liability of the legatees and devisees charged by the testator with legacies and devises? a. The legatees and devisees shall not be liable for anything at all. b. The legatees and devisees shall not be liable for the charge beyond the amount of the legitime given them; c. The legatees and devisees shall be liable for the charge only to the extent of the value of the legacy or the devise received by them. d. The legatees and devisees may be liable for the charge beyond the amount of the free portion given them. 99. It is the act of proving before a competent court the due execution of a will by a person possessed of testamentary capacity, as well as approval thereof by the court. a. Allowance. b. Probate. c. Disallowance. d. Allowance and Disallowance. 100. Disposition Captatoria is a. Any disposition mortis cause made upon the condition that the heir shall make some provision in his will in favor of the testators heirs. b. Any gratuitous disposition made upon the condition that the heir shall not marry a particular person or for a certain period of time. c. Any disposition made upon the condition that the heir shall make some provision in his will in favor of the testator or of any other person. d. Any disposition made upon the condition that the heir shall fulfill a particular condition.

101. In 2002, Dingdong Buntis made a notarial will, without an attestation clause. Later on, he made a private instrument to the effect that he was ratifying said will. Is there a republication? a. Yes, in view of the ratification. b. No, because there was no reproduction. c. It depends on Dingdongs intent. d. None of the above. 102. Elizabeth instituted her lover Mr. Darcy as heir on condition that Mr. Darcy will never marry. Soon after Elizabeths death, Mr. Darcy married. What is the effect of such marriage? a. Mr. Darcy inherits. There is no effect in view of the impossible condition. b. Mr. Darcy does not inherit in view of his unworthiness. c. Mr. Darcy inherits. This is among the exceptions to the rule on impossible conditions. d. Mr. Darcy does not inherit for being guilty of concubinage. 103. What does a voluntary heir transmit should he predecease the testator?

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a. Nothing. A voluntary heir who dies before the testator transmits nothing to his heirs. b. All his rights to the inheritance by way of right of representation. c. He has no right to transmit at all. There is no such thing as a voluntary heir. d. He transmits whatever he disposes of in his own will. 104. Maria devised land to Fernando Joe with authority to sell if Fernando Jose has children; or if none, he must deliver it after his death to Luis Mario. This is a case of a. Compendious Substitution b. Fiduciary Substitution c. Fideicommissary Substittution d. None of the above. 105. The condition to marry is a. potestative when it is any girl. b. resolutory when it is a particular girl. c. potestative when it is a particular girl. d. suspensive when it is any girl 106. Piadina III disposed of her house in a will giving the naked ownership to Pavla; and to Panacea and Premilla, successively the usufruct. Is this disposition of usufruct valid? a. Yes, provided that Premilla is a first degree relative of Panacea and both Panacea and Premilla are alive at the time Piadina III dies. b. Yes, provided that Premilla is a first degree relative of Piadina III. c. Yes, provided that Premilla is a first degree relative of Piadina III and Pavla, Panacea and Premilla are alive at the time Piadina III dies. d. The usufruct is void.

107. Tsang has 3 legitimate children, two of whom she instituted as heirs, and one of whom she preterited. A legacy of 100,000.00php from an estate of 1 million was given to Tsong. How much should the children receive? a. 300,000php each. b. 450,000.00php in accordance with the testators intent. c. They get nothing since the preterition rendered the will invalid. d. None of the above. 108. Doa Mary instituted an heiress and ordered that the children would substitute the heiress should the heiress die after Doa Mary. This is a case of a. Simple substitution. b. Fideicommissary substitution. c. Compendious substitution. d. None of the above. 109. Meredith instituted Elena as first heir and Margaret, Elenas sister, as second heir in what she desired to be a fideicommissary substitution. When Meredith died, Elena got the property. Later, Elena died. Who will get said property? a. Elenas heir, the fideicommissary substitution is invalid

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b. Margaret, in view of the fideicommissary substitution. c. Merediths heir, the fideicommissary substitution is invalid. d. Margarets heir, by way of right of representation.

110. A Cestui que trust is also known as a. the second heir or fideicommissary b. the first heir or fiduciary c. the testator or decedent d. the relative in the direct line within the third degree. 111. Impossible conditions and those contrary to law or good customs shall be considered a. as not written whether or not the testator should otherwise provide. b. as valid unless opposed by the heir. c. as not imposed and shall in no manner prejudice the heir, unless testator should otherwise provide. d. as not imposed and shall in no manner prejudice the heir, even if the testator should otherwise provide.

112. Preterition is a. It is the omission of a compulsory heir in the inheritance of a person. b. It is the omission of an heir in the inheritance of a person. c. It is the omission whether intentional or not, of an heir in the inheritance of a person. d. It is the omission, whether intentional or not, of a compulsory heir in the inheritance of a person.

113. Benigno instituted Aquino as first heir, and Junior as second heir. Benigno died in 2003. Junior died in 2004, leaving Noynoy, son of Junior. On Aquinos death, will Noynoy get the property? a. Yes. b. No. c. It depends. d. Maybe.

114. The right of representation is always accorded to: a. Ascendants b. Descendants. c. Ascendants and descendants.

d. All relatives in the direct line within the third degree.


115. Harry made a will instituting Cho Chang as heir, and Hermione as substitute. In 1998, Hermione died, leaving Ronron, her child. Can Ronron inherit from Harry? a. Yes, by virtue of right of representation. b. Yes, because Hermiones death transmitted all rights to him. c. No, Hermione transmitted nothing to him. d. No, because this is not Harrys intent.

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116. I institute Maria Clara as my heir. She will apply the properties of my estate to the erection of a College of Law in Mustang Tibet. This is a case of a. Modal condition b. Caucion Mauciana c. Modal institution d. Disposition Captatoria

117. Captain Hook made a will giving Peter Pan 1 million as an agent to dispose of in accordance with secret instructions he had given him. The legacy a. is void. The secret instruction is unknown to the other heirs. b. shall not take effect in view of the secret instruction. c. is transmissible being payable in cash. d. is valid unless the secret instruction is opposed by the other heirs.

118. Beta instituted Sigma to 2/3 and Lambda to 1/3. If Sigma predeceases, his share goes to Lambda. This is a case of a. Reciprocal substitution. b. Simple substitution. c. Fideicommissary substitution. d. Compendious substitution. 119. A mother sold an automobile to her son. Later, the child died without any descendant of his own. Said child died intestate, thus all his properties including the automobile were inherited by his father. Was there a reserva troncal?

a. Yes. b. No. c. It depends. d. Maybe.


120. It is the intent to make a will.

a. animus testificandum b. animus revertendi c. animus testandi d. animus prime

1. C 2. B 3. C 4. A 5. D

6. B 7. B 8. E 9. A 10. A

11. B 12. D 13. A 14. D 15. C

16. B 17. B 18. A 19. C 20. B

21. A 22. A 23. A 24. B 25. B

26. A 27. C 28. C 29. A 30. A

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31. D 32. C 33. A 34. C 35. B 36. A 37. B 38. B 39. C 40. A 41. D 42. A 43. A 44. C 45. A 46. A 47. C

48. A 49. B 50. B 51. B 52. C 53. B 54. C 55. C 56. B 57. B 58. C 59. B 60. D 61. B 62. C 63. A 64. C

65. C 66. A 67. D 68. A 69. A 70. A 71. C 72. B 73. D 74. C 75. C 76. A 77. B 78. B 79. C 80. C 81. A

82. B 83. C 84. C 85. A 86. C 87. C 88. A 89. A 90. D 91. A 92. A 93. B 94. B 95. C 96. A 97. A 98. C

99. B 100. B 101. B 102. A 103. A 104. D 105. A 106. A 107. A 108. D 109. A

110. A 111. D 112. D 113. A 114. B 115. C 116. C 117. B 118. A 119. B 120. C

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