6. Alejandro vs. Geraldez.docx - 6 ALEJANDRO V GERALDEZ Donation Mortis Causa All provisions of a deed of donation should be construed together in case

6. Alejandro vs. Geraldez.docx - 6 ALEJANDRO V GERALDEZ...

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6. ALEJANDRO V. GERALDEZ- Donation Mortis Causa All provisions of a deed of donation should be construed together in case of conflicting statements in order to determine whether it is inter vivos or mortis causa. FACTS: Sps. Gavino Diaz and Severa Mendoza executed a Deed of Donation in favor of their children, Olimpia, Angel and Andrea Diaz. In the deed of donation, the Sps. Donated 8 lots, with reservations on certain lots, to their children and daughters-in-law and with conditions that they are not allowed to alienate the same to 3rd persons while the couple are still alive and that they shall continue to administer the same until their death. The donees manifested their acceptance in the same deed of donation. When Gavino died, Severa executed a deed of donation in favor of Angel and Andrea, giving the siblings each a ½ portion of Lot 2377-A. When Severa died, Andrea sued Angel to have the lots 2377-A and 2502 partitioned. Teodorico Alejandro, the surviving spouse of Olimpia, moved to intervene claiming 1/3 portion of Lot 2502.
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  • Fall '19
  • Donation, ALEJANDRO V. GERALDEZ- Donation Mortis Causa

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