Acórdão nº 065623 de Supremo Tribunal de Justiça (Portugal), 16 de Maio de 1975
Magistrado Responsável | ARALA CHAVES |
Data da Resolução | 16 de Maio de 1975 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR SUC. DIR PROC CIV.
Legislação Nacional: CCIV867 ART1761 ART2011 ART2043.
Sumário : I - A disposição testamentaria seguinte: "Deixo a minha criada Maria Ferreira da Silva... 10000 escudos e em usufruto as garagens, por sua morte serão vendidas por o melhor preço possivel e o produto da venda, tres quartas partes são para a minha prima Aylza ou sobrinhitos como o legado anterior, e a outra parte para a filha ou netos da minha criada, caso a mãe ja tenha falecido" e "se a minha criada Maria Ferreira da Silva falecer antes de mim, o legado das garagens passa todo para a minha prima Aylza...", como alias quaisquer outras, ha-de interpretar-se segundo o que parecer mas ajustado com a vontade da testadora, conforme o contexto do testamento. II - E conforme ao artigo 1761 do Codigo Civil de 1867 - lei vigente na data da abertura da herança - a interpretação da vontade da testadora feita pelas instancias, no dominio da sua exclusiva competencia, com base no...
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