453 SCRA 211


Don Julian had two marriages during his lifetime. During his first one, with Antonia, he had two children. In the second marriage, he had 4 children with Milagros. Upon the death of Antonia, the first children sought the partition of the property. On the disputed Lot 63, there was a compromise agreement entered into by the parties whereby Lot 63 was supposed to be exclusively adjudicated in favor of his second wife and children by the same.


The partition inter vivos of Don Julian is valid. Considering however that such would be effective upon his death only, the right of his heirs from the second marriage would become legally operative only upon the death of Don Julian—all is just a mere expectancy. Evidently, at the time of execution of deed of assignment, Julian remained the owner of the properties.