Questão jurídica principal
Whether the inheritance contract covered the deceased’s co-ownership share only as a right to liquidation proceeds, or a specific asset/parcel so that later testamentary disposition prevailed.
Decisão extraída
The contract covered the deceased’s right to the liquidation proceeds of the co-owned property, not a specific parcel or thing; the bank balance had to be divided 2/3 to the respondent and 1/3 to the appellant.
Fundamentação extraída
The wording 'co-ownership shares in the parcels' refers, in context and under the trust principle, to the deceased’s rights in the liquidation of the co-ownership, not to a concrete parcel. Because the object was a right, not a specific thing, the court did not need to decide whether sale proceeds substitute for a contractually bequeathed asset.