VDA. DE VILLANUEVA vs.

JUICO

4 SCRA 550

FACTS:
Don Nicolas Villaflor executed a will in Spanish in his own handwriting, devising and bequeathing in favor
of his wife, Dona Faustina of all his real and personal properties giving the other half to his brother
Don Fausto.

Petitioner filed an action against the administrator contending that upon the widows death, she
became vested with the ownership of the properties bequeathed under clause 7 pursuant to its 8th
clause of the will.
ISSUE:
WON the petitioner is entitled to the ownership of the properties upon the death of Dona Faustina.
HELD:
The intention of the testator here was to merely give usufructuary right to his wife Doa Fausta because
in his will he provided that Doa Fausta shall forfeit the properties if she fails to bear a child and because
she died without having begotten any children with the deceased then it means that Doa Fausta never
acquired ownership over the property. Upon her death, because she never acquired ownership over the
property, the said properties are not included in her estate. Those properties actually belong to
Villaflor. That was the intention of the testator. Otherwise, if the testator wanted to give the properties
to Doa Fausta then he should have specifically stated in his will that ownership should belong to Doa
Fausta without mentioning any condition.