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Rodriguez vs.

Rodriguez
Facts:
Fortunato Rodriguez executed a will in favor of his children on his first wife Julia Quillos, and
legitimate son Eli on his second wife Ruperta Vda. De Rodriguez. The estate was partitioned to the heirs
and they received their respective shares. Eli inherited a parcel of land which includes piculs of sugar. Eli
died single; hence, Ruperta inherited the land with the piculs of sugar. The children of Fortunato on his
first wife moved that the land be subject to reserve troncal. The Court affirmed but held that only the
land is reservable excluding the piculs of sugar. Hence, this appeal that the piculs of sugar be also
reserved.
Issue:
WON, the piculs of sugar can be subject to reserve troncal.
Held:
Yes. The late Eli Rodriguez inherited by will the parcels of land from his late father Fortunato
while the sugar piculs was not yet in existence, still such sugar piculs, in the language of the law is an
improvement attaching to the land. If there be no land, there would be no sugar cane. If only the land
would be subject to reserva troncal it would depreciate and greatly prejudice the reservees.

NONSENSE CASE.

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