parties predecessors-in-interestRodrigo and Rodriguezwas a donation or a devise. (If a donation [inter vivos], the respondents hold superior title, having bought the property from Rodriguez. If a devise [mortis causa], petitioner prevails, having obtained title from Rodrigo under a deed of sale the execution of which impliedly revoked the earlier devise to Rodriguez.) HELD:
Rodrigo passed naked title to Rodriguez
under a perfected donation inter vivos. Hence, respondents hold superior title over the property having bought it from Rodriguez. 1. Rodrigo stipulated that if the herein Donee predeceases me, the property will not be reverted to the donor, but will be inherited by the heirs of Rodriguez, signalling the irrevocability of the passing of title to Rodriguezs estate, waiving Rodrigos right to reclaim title. 2. This transfer of title was perfected the moment Rodrigo learned of Rodriguezs acceptance of the disposition, which, being reflected in the deed, took place on the day of execution on May 3, 1965.Rodriguezs (donees) acceptance of the transfer underscores its essence as a gift in presenti, as only donations inter vivos need acceptance by the recipient.
4.
5.
What Rodrigo (donor) reserved for
herself was only the beneficial title to the property, evident from Rodriguezs undertaking to give of the produce of the land to Apoy Alve during her lifetime. Therefore when the donor used the words that the gift does not pass title during my lifetime, but when I die, she shall be the true owner of the two aforementioned parcels, the donor meanth nothing else that that she reserved for herself the possession and usufruct of said 2 parcels of land until her death, at which time the donee would be able to dispose of them freely. If Rodrigo still retained full ownership over the property, it was unnecessary for her to reserve partial usufructuary right over it. The existence of consideration other than the donors death, such as the donors love and affection to the donee and the services the latter rendered, while also true of devises, nevertheless corroborates the express irrevocability of inter vivos transfers. The designation of the donation as mortis causa, or a provision in the deed to the effect that the donation is to take effect at the death of the donor are not controlling criteria, but are to be construed together with the rest of the instrument, in order to give effect to the real intent of the transferor. Doubts on the nature of the dispositions are resolved to favor inter vivos transfers to avoid uncertainty as to the ownership of the property subject of the deed.
United States v. David Zabawa, Amy Johnson, Tobias A. Young, Also Known as Toby Young, and Howard Charles Viveney, Also Known as Howard Stevens Lori Bingham, Also Known as Lori J. Serna Anne Marie Bartley, Also Known as Anne Marie Barnum Lloyd John Espinoza, Also Known as Larry Miller, Also Known as L. John Espinoza, Also Known as John Miller David Brett Banks Brian Michael Barnum Ronald Carpenter David A. Coon Robert Franz Rocky Mountain Management, Inc., Also Known as Rocky Mountain Network, a Delaware Corporation, 39 F.3d 279, 10th Cir. (1994)
Empath: The Survival Guide For Highly Sensitive People: Protect Yourself From Narcissists & Toxic Relationships. Discover How to Stop Absorbing Other People's Pain