G.R. No. 3314
ANSELMO CHINGEN v. TOMAS ARGUELLES & WIFE, et al.
En Banc, 3 January 1907

FACTS
– Raymunda Reyes died leaving a will that bequeathed specific legacies (houses on Calle Claviera, jeweled combs, gold rings) to her legatees Carmen, José and Pedro Reyes.
– The testatrix had no legitimate ascendants or descendants; her surviving husband, Anselmo Chingen, was her sole heir and also appointed executor.
– Under Article 837 of the Civil Code, a surviving spouse is entitled to a usufruct of one‑half of the estate when there are no legitimate heirs.
– Chingen filed an action for the recovery of one‑half of the jewels and of rental income from the bequeathed property, alleging the defendants wrongfully retained the usufruct portion.
– The defendants argued the legacies were unconditional, already fully partitioned, and that the husband‑spouse’s usufruct had been merged with his ownership when he received his heir‑share.
– The trial court dismissed the complaint; the Supreme Court affirmed.

ISSUE
Whether the surviving spouse, also an heir and executor, may claim a separate usufruct over one‑half of the estate in addition to the portion he already received as an heir under the will.

RULING
– The usufruct of the surviving spouse is integral to the one‑half share of the estate; it does not create an extra portion beyond what the spouse‑heir already receives.
– Upon partition, the spouse‑heir’s ownership of his inherited portion merges with the usufruct right, extinguishing the usufruct under Article 513(3) Civil Code.
– The partition executed by the husband‑executor was valid and irrevocable; it cannot be set aside (Art. 1078 Civil Code).
– Consequently, the plaintiff had no separate claim for the usufructary portion, and the defendants were duly absolved of liability.

Disposition Judgment affirmed; defendants awarded costs; case remanded for execution.