Text of the provision
Art. 949. If the bequest should not be of a specific and determinate thing, but is generic or of quantity, its fruits and interests from the time of the death of the testator shall pertain to the legatee or devisee if the testator has expressly so ordered.
(884a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
If the bequest is not of a specific and determinate thing, but generic or of quantity, its fruits and interests run from the time of the death of the testator only if he expressly so ordered.
This article distinguishes a bequest of a specific, determinate thing from one that is merely generic or a quantity — for instance, “my wristwatch” as opposed to “five hundred thousand pesos” or “ten sacks of rice,” where no particular unit is singled out. Because a generic bequest is not tied to one identifiable object until it is set apart for the legatee, the fruits and interest it earns after the testator’s death do not automatically belong to the legatee; they do so only if the testator expressly said so in the will. Absent such an express direction, those fruits and interest instead remain with the estate.
Questions about this provision
Related provisions
- Article 947 — The Legatee's Right Vests at Death.
- Article 950 — Order of Payment When the Estate Falls Short.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.