Name: Concepci on Calvo v. De Gutierrez — Opinion of the Court
Author: Edward Douglass White

Quotes from Concepci on Calvo v. De Gutierrez… (Edward Douglass White)

Edward Douglass White, Concepci on Calvo v. De Gutierrez…

“ There is a conflicting contention in the argument for the appellant that, if there be doubt as to the meaning of the word 'remainder,' that doubt should be resolved in favor of the right of the widow to a usufruct in the portion of the property not belonging to her husband, and as to which, therefore, she was not his usufructuary heir. We do not stop to analyze the matters thus relied upon, as we think it suffices to say that, after an examination of the whole contract, we find nothing in it which would justify the construction of the word 'remainder' which is asserted. ”

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Source: Wikisource

Edward Douglass White, Concepci on Calvo v. De Gutierrez…

“ By the will of Fuente all his property was given to his nephew, Gabriel, and his two nieces, Angeles and Paz, subject, however, to a right or usufruct during her life in his wife, Concepci on Calvo. It would seem that some controversy arose between the widow as usufructuary and the nephews and nieces as heirs of Fuente and as co-owners in their own right, as to the partition of the property. ”

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Source: Wikisource

Edward Douglass White, Concepci on Calvo v. De Gutierrez…

“ Without going into detail or considering irrelevant questions, it suffices to say that the principal right which the widow asserted was that she was entitled under the agreement to hold as usufructuary the whole proceeds of the property on the Escolta making the payments specified in the agreement. ”

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Source: Wikisource

Edward Douglass White, Concepci on Calvo v. De Gutierrez…

“ It is elementary. The difficulty is in its application to the cause before us; since the real question under the contract is whether the word 'remainder' as used does not, in view of the subject with which the contract is concerned, relate, and relate only, to the remainder of the proceeds as to which, under the will of the deceased, the usufructuary interest of the widow attached. ”

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Source: Wikisource

Edward Douglass White, Concepci on Calvo v. De Gutierrez…

“ The remaining undivided half interest not owned by Fuente in the three first-described pieces of property were jointly owned by his nephew, Gabriel Olives y Gonzalez de la Fuente, and two nieces, who were both married,-Angeles Olives y Gonzalez de la Fuente, wife of Eduardo Gutierrez y Repide, and Paz Olives y Gonzalez de la Fuente, wife of Manuel Martinez. ”

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Source: Wikisource

Edward Douglass White, Concepci on Calvo v. De Gutierrez…

“ First. The property No. ___ on the Escolta, half of which belonged to the testator, shall be sold at the price not less than $90,000.
Second. From the proceeds of the sale there shall be paid the amount owing to pious works, the amount owing Mr. Roensch, that owing Julian la O, and the unpaid legacies made by Jos e Gonzalez de la Fuente.
Third. The remainder shall be turned over to Concepci on Calvo, to be used by her as usufructuary heiress, after she has given a mortgage bond (fianza hipotecaria) . ”

Edward Douglass White

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Quotes from Concepci on Calvo v. De Gutierrez… (Edward Douglass White)

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Edward Douglass White

Summary

Quotes from Concepci on Calvo v. De Gutierrez… (Edward Douglass White)

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