United States Supreme Court Cases & Opinions

U.S. Supreme Court

Calvo v. De Gutierrez, 208 U.S. 443 (1908)

Calvo v. De Gutierrez

No. 80

Argued December 17, 1907

Decided February 24, 1908

208 U.S. 443

Syllabus

An agreement made between the owners of a half interest in property in Manila who were ultimate heirs of the deceased owner of the other half interest and the widow of such decedent, who was his usufructuary heiress, provided for the sale of the property at a specified price, and that, after certain payments, the "remainder" should be paid to the widow, on her giving the usual usufructuary security. Held that the agreement concerned a settlement of the rights of the parties to the property left by decedent, and did not contemplate transferring any interest in the property from the other owners to the widow, and that the word "remainder" referred only to the remainder of the half interest of her testator, and not to the balance remaining of the proceeds of the share of the other owner.

6 Phil. 88 affirmed.

The facts are stated in the opinion.

Page 208 U. S. 445