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    Chingen V. Arguelles

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    Harry Potter
    1) Anselmo Chingen claimed he was entitled to half of his deceased wife Raymunda Reyes' estate as an heir under her will, as well as usufruct over the other half as her surviving spouse. 2) The court ruled that Chingen was only entitled to half the estate outright as an heir, and that his rights as usufructuary over the other half were extinguished since he inherited ownership over half the estate. 3) As both heir and usufructuary, Chingen's rights were equal to the other heirs and he could not claim additional privileges over the estate.

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    Chingen V. Arguelles

    Uploaded by

    Harry Potter
    226 views7 pages
    1) Anselmo Chingen claimed he was entitled to half of his deceased wife Raymunda Reyes' estate as an heir under her will, as well as usufruct over the other half as her surviving spouse. 2) The court ruled that Chingen was only entitled to half the estate outright as an heir, and that his rights as usufructuary over the other half were extinguished since he inherited ownership over half the estate. 3) As both heir and usufructuary, Chingen's rights were equal to the other heirs and he could not claim additional privileges over the estate.

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    Chingen-V.-Arguelles (1)

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    1) Anselmo Chingen claimed he was entitled to half of his deceased wife Raymunda Reyes' estate as an heir under her will, as well as usufruct over the other half as her surviving spouse. 2) The court ruled that Chingen was only entitled to half the estate outright as an heir, and that his rights as usufructuary over the other half were extinguished since he inherited ownership over half the estate. 3) As both heir and usufructuary, Chingen's rights were equal to the other heirs and he could not claim additional privileges over the estate.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    226 views7 pages

    Chingen V. Arguelles

    Uploaded by

    Harry Potter
    1) Anselmo Chingen claimed he was entitled to half of his deceased wife Raymunda Reyes' estate as an heir under her will, as well as usufruct over the other half as her surviving spouse. 2) The court ruled that Chingen was only entitled to half the estate outright as an heir, and that his rights as usufructuary over the other half were extinguished since he inherited ownership over half the estate. 3) As both heir and usufructuary, Chingen's rights were equal to the other heirs and he could not claim additional privileges over the estate.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 7

    ANSELMO CHINGEN 

    vs.
    TOMAS ARGUELLES AND WIFE, ET
    AL.
    G.R. No. 3314
    January 3, 1907
    Facts
    • Tomas Arguelles and wife, e al.
    - Legatees of Raymunda Reyes
    – in her will, Raymunda left in their favor the following legacies:
    • house numbered 8, 10, 12, and 14 Calle Claviera, district of
    Binondo
    • two combs set with diamonds and pearls
    • gold ring with three diamonds each
    • gold ring with one large and several diamonds, 
     Anselmo Chingen
     Surviving spouse of Raymunda Reyes
     filed a complaint against Arguelles and wife, et al. for one-
    half of the jewels and the rent of the property mentioned in
    the said complaint equivalent to 4,170 pesos, or a half of
    8,340 pesos received by the Arguelles and wife et al. since
    the date they took possession of the legacies left by the
    deceased Raymunda Reyes in her will who died without
    legitimate heirs, ascendants or descendants.
    Article 837 of the Civil Code provides: ESTATE OF RAYMUNDA
    REYES
    "If the testator should have neither
    legitimate ascendants or
    descendants, the surviving spouse ASELMO:
    portion
    shall be entitled to one half of the belonging
    estate also in usufruct." to him as
    an heir
    Chingen is an heir under the under the
    will of Raymunda. He claims ASELMO: will
    estate
    that his wife gave him a subject to
    portion of her estate as an usufruct Arguelles
    and
    heir. However, his wife failed wife, et
    to assign to him in her will the al.
    entire portion which belonged
    to him; that is to say, one half
    of the estate in usufruct. He
    claims half of the jewels
    bequeathed to the legatees,
    and one half of the rents
    accruing from a certain house
    ISSUE
    Whether or not Chingen should received his
    share as an heir under the will from one
    half of the estate and be further entitled to
    the usufruct of the other half

    NO
    Ruling:
    Article 513. The usufruct shall be
    extinguished:
    • By the death of the usufructuary.
    • By expiration of the period for which it
    was constituted, or performance of the
    condition subsequent set forth in the
    deed creating the usufruct.
    • By the coincidence of the usufruct
    The property of the estate of his
    and ownership in the same person.
    • By the renunciation of the usufructuary. deceased wife having been divided in
    • By total loss of the thing constituting two equal parts, the property to
    the subject matter of the usufruct. which the plaintiff was entitled as an
    • By termination of the right of the person
    who constituted the usufruct.
    heir under the will should have been
    • By prescription. taken out of the one half, subject to
    the
    Theusufruct of theright
    usufructuary surviving spouse.
    in one-half of
    the estate of a deceased person who
    leaves neither legitimate ascendants
    nor descendants is extinguished ipso
    facto by the merger of such
    usufructuary right and ownership in
    one person whom concur the status
    of widower and heir.
    Rationale
    he right of usufruct in the estate of a deceased
    ouse to which the surviving widower is entitled, who
    in addition an heir under the will of his deceased
    fe, is not superior and he is not entitled to greater
    ivileges than other coheirs, because the object of the
    w is to equalize the condition of the heirs and that of
    e surviving spouse with the right of usufruct. 
    He has failed, however, to state the total
    value of the estate and the value of the one
    half of the property to which he claims to
    be entitled in usufruct. He has said
    absolutely nothing as to the nature and
    value of the property assigned to him in the
    partition of the estate, either as an heir or
    as a surviving spouse of the deceased. 

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