Text of the provision
Art. 952. The heir, charged with a legacy or devise, or the executor or administrator of the estate, must deliver the very thing bequeathed if he is able to do so and cannot discharge this obligation by paying its value. Legacies of money must be paid in cash, even though the heir or the estate may not have any. The expenses necessary for the delivery of the thing bequeathed shall be for the account of the heir or the estate, but without prejudice to the legitime.
(886a)
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
The heir charged with a legacy or devise, or the executor or administrator, must deliver the very thing bequeathed if able to do so, and cannot discharge the obligation by paying its value. Legal expenses and interests from the time of death are for the account of the estate.
Related provisions
- Article 951 — Delivery With Accessories.
- Article 953 — No Self-Help Possession.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.