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    Bough v. Modesto, Jan. 28, 1954, 94 Phil.

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    Gabriel Hernandez
    Bruno Modesto agreed in a private document to share any inheritance he received from his late wife with Gustavus Bough and Restituto Anapo. Bough and Anapo sued Modesto to enforce the contract and divide the properties left by Modesto's wife. The court ruled the contract was valid, as rights by inheritance are acquired upon death and an heir can legally enter into contracts regarding a potential inheritance, which only takes effect if the heir is declared as such.

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    © All Rights Reserved
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    Bough v. Modesto, Jan. 28, 1954, 94 Phil.

    Uploaded by

    Gabriel Hernandez
    128 views1 page
    Bruno Modesto agreed in a private document to share any inheritance he received from his late wife with Gustavus Bough and Restituto Anapo. Bough and Anapo sued Modesto to enforce the contract and divide the properties left by Modesto's wife. The court ruled the contract was valid, as rights by inheritance are acquired upon death and an heir can legally enter into contracts regarding a potential inheritance, which only takes effect if the heir is declared as such.

    Original Description:

    Wills Case Digest

    Original Title

    17. Bough v. Modesto, Jan. 28, 1954, 94 Phil.

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    Bruno Modesto agreed in a private document to share any inheritance he received from his late wife with Gustavus Bough and Restituto Anapo. Bough and Anapo sued Modesto to enforce the contract and divide the properties left by Modesto's wife. The court ruled the contract was valid, as rights by inheritance are acquired upon death and an heir can legally enter into contracts regarding a potential inheritance, which only takes effect if the heir is declared as such.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    128 views1 page

    Bough v. Modesto, Jan. 28, 1954, 94 Phil.

    Uploaded by

    Gabriel Hernandez
    Bruno Modesto agreed in a private document to share any inheritance he received from his late wife with Gustavus Bough and Restituto Anapo. Bough and Anapo sued Modesto to enforce the contract and divide the properties left by Modesto's wife. The court ruled the contract was valid, as rights by inheritance are acquired upon death and an heir can legally enter into contracts regarding a potential inheritance, which only takes effect if the heir is declared as such.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    BOUGH v.

    MODESTO
    94 Phil.

    FACTS:
    Bruno Modesto, Gustavus Bough and Restituto Anapo executed a
    private document whereby Modesto agreed that he would share to the
    Bough and Anapo whatever property that he will receive by inheritance
    from his wife, who predeceased him eventually. Bough and Restituto
    instituted the present action to secure judgment ordering Modesto to divide
    the properties left by his wife in the manner and form provided for in such
    private document.

    ISSUE:
    Whether or not the contract which contains object of which is
    Modesto’s inheritance is valid and binding between the parties.

    RULING:
    YES. The contract is valid.
    The Court found that it is well settled that rights by inheritance are
    acquired and transmitted upon the death of the decedent. With this, it
    follows that it is perfectly legal for an heir to enter into a contract of the
    nature of the document. The contract becomes effective only when
    Modesto is declared as heir but his right over the inheritance accrues from
    the time his wife died.

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