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A:
GR: Property acquired during the period between the execution of the will and the death of the
testator is not included.
XPN: When a contrary intention expressly appears in the will. (Art. 793)
Note: Applies only to legacies and devises and not to institution of heirs.
The inheritance of a person includes not only the property and the transmissible rights and
obligations existing at the time of his death, but also those which have accrued thereto since the
opening of the succession. (Art. 781)
Q: What is the general rule as regards transmissibility of rights?
A: If the right or obligation is intuitu personae, it is intransmissible, otherwise it is transmissible.
Note: Intuitu personae means strictly personal.
Q:
A:
1.
2.
3.
Note: All other rights are transmissible to the heirs upon the death of a person.
A: The children cannot be substituted in an action for legal separation upon the death of their mother
who filed the case. An action for legal separation is purely personal on the part of the innocent spouse
because such an action affects
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