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G.R. No. 3314
January 3, 1907
• 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
• 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
"If the testator should have neither
legitimate ascendants or
descendants, the surviving spouse ASELMO:
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
that his wife gave him a subject to
portion of her estate as an usufruct Arguelles
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
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

Article 513. The usufruct shall be
• 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
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.
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.