WON the injunctive writ issued in the annulment of foreclosure interfered with the
Sept. 24, 2002 Order in the rehab case?
CASE #1: ROMBE V. ASIA TRUST
Feb. 13, 2008; J. Velasco, Jr. No, it did not.
CA reversed, lifting the preliminary injunction, ground: the Order of Dismissal in the
Rehab Proceedings. NOTES:
ISSUES/ HELD:
1. WON the rehabilitation case is distinct and dissimilar from the annulment of the
foreclosure case (Nature, Purpose, Reliefs Sought)?
Yes
SPEC PRO - - - - - 2nd SEM SY 2008-2009 - - - - PROF. SAN PEDRO MARY ANN JOY R. LEE 1
TOPIC: II. UNDER RULES OF COURT The jurisdiction assumed by a court, so far as it depends on the place of
A. SETTLEMENT OF ESTATES residence of the decedent, or of the location of his estate, shall not be contested
1. VENUE & JURISDICTION in a suit or proceedings, except in an appeal from that court, in the original case,
or when the want of jurisdiction appears on the record.”
CASE #2: GARCIA FULE V. CA
Nov. 29, 1976; J. Martin Fule’s own submitted Death Certificate shows that the deceased resided in QC at the
time of his death, therefore the venue of Laguna was improper.
NATURE: Petitions for review of the decision of the CA
Venue is subject to waiver (RULE 4 SECTION 4), but Preciosa did not waive it,
FACTS: merely requested for alternative remedy to assert her rights as surviving spouse.
On April 26, 1973 Amado G. Garcia died, he owned property in Calamba, Laguna.
However, venue is distinct from “jurisdiction” which is conferred by Judiciary Act of
On May 2, 1973, Virginia G. Fule field with CFI Laguna a petition for letters of 1948, as amended to be with CFIs independently from the place of residence of the
administration and ex parte appointment as special administratix over the estate. deceased.
Motion was granted.
RULE 79
(there was an allegation that the wife was Carolina Carpio) SECTION 2, demands that the petition should show the existence of jurisdiction to
make the appointment sought, and should allege all the necessary facts such as
Preciosa B. Garcia, wife of deceased, and in behalf of their child: Agustina B. Garcia death, name, last residence, existence, situs of assets, intestacy, right of person who
opposed, which was denied by CFI. seeks administration as next of kin, creditor or otherwise to be appointed.
(Preciosa alleged that Fule was a creditor of the estate, and as a mere illegitimate
sister of the deceased is not entitled to succeed from him1) b.) Resides – ex vi termini “actual residence”
- Elastic and should be interpreted in the light of the object or purpose of the
CA reversed and annulled the appointment of Fule. statute or rule in which it is employed.
- Same meaning as “inhabitant”.
Preciosa became special administratrix upon a bond of P30k. - Popular sense – the personal, actual or physical habitation of a person,
actual residence or place of abode
ISSUES: - Must be more than temporary
a.) Venue v. jurisdiction
b.) What does the word “resides” in Revised Rules of Court Rule 73 Section 1 Distinguished from
Mean?
c.) Who is entitled? “legal residence or domicile” – requires bodily presence and an intention to make
it one’s domicile.
HELD/RATIO:
a.) RULE 73
SECTION 1. “if the decedent is an inhabitant of the Philippines at the time of his c.) Preciosa is prima facie entitled to the appointment of special administratrix.
death, whether a citizen or an alien, his will shall be proved, or letters of
administration granted, and his estate settled at the CFI in the province in which The New Rules RULE 80 SECTION 1 broadened the basis for appointment of
he resides at the time of his death, special administrator (temporarily) to take possession and charge of the estates of
the deceased until the questions causing the delay are decided and (regular)
And if he is an inhabitant of a foreign country, the CFI of any province in which he executors or administrators appointed.
had estate.
Old rules basis ay: appeal of allowance of disallowance of a will;
The court 1st taking cognizance of the settlement of the estate of a decedent shall
exercise jurisdiction to the exclusion of all other courts. New: added - “xxx delay in granting letters testamentary or of administration by any
cause (includes parties cannot agree among themselves) including an appeal of
allowance of disallowance of a will, the court may appoint a xxx”
1
NCC Art. 992. An illegitimate child has no right to inherit ab intestado from the legitimate
children and relatives of his father or mother; nor shall such children or relatives inherit in the
same manner from the illegitimate child.
SPEC PRO - - - - - 2nd SEM SY 2008-2009 - - - - PROF. SAN PEDRO MARY ANN JOY R. LEE 2
The discretion to appoint a special administrator or not is with the probate court, the SECTION 2. Venue of Personal Actions. All other actions may be
paramount consideration is the beneficial interest of the appointee in the estate of the commenced and tried where the plaintiff or any of the principal plaintiffs
decedent. reside, or where the defendant or any of the principal defendants resides, or
in the case of a non-resident defendant, where he may be found, at the
In re: Fule, it is not required that the administratrix be entitled to share in the estate of election of the plaintiff.
the decedent – only that one is entitled to the administration;
V.
but the preference of Preciosa is with sufficient reason – the widow would have the
right of succession over a portion of the exclusive property of the decedent, besides Venue in Special Proceedings
her share in the conjugal partnership. - RULE 73
SECTION 1.
For such reason, she would have as such, if not more, interest in administering the - that domicile is where the records of the properties are kept and where most
entire estate correctly than any other next of kin. of the properties of the decedents are located;
Death Certificate entry by Rodolfo was that the spouses last resided with him in QC.
DISPOSITION: Fule’s petition DENIED.
RTC designated J. Carlos L. Sundiam as special administrator of the estate.
RULE 80
SECTION 2. Powers and Duties of Special Administrator ISSUES: Where should the settlement proceedings be had?
HELD: QC
RATIO:
CASE # 3: JAO V. CA RULE 73
May 29, 2002; J. Ynares-Santiago SECTION 1.
Clearly provides where the decedent resides at the time of his death.
NATURE: Petition for Review on Certiorari of a decision of CA
Eusebio is not applicable in the case at bar, because there, he was in the process of
FACTS: Spouses Ignacio Jao Tayag and Andrea V. Jao, decedents, had 2 sons: transferring his personal belongings to his new QC house and died before he could
Rodolfo and Perico Jao. move therein.
Perico Jao instituted a petition for issuance of letters of administration with request for Here their parents lived with Rodolfo for 3-4 years before they died.
appointment of special administrator before RTC QC, alleging that his brother is
dissipating the assets of the estate. Plus Ignacio died a year before Andrea, but Rodolfo did not correct the entry in their
mother’s death certificate either.
Rodolfo opposed claiming that their parents resided at Angeles, Pampanga, that their
staying with him due to their medical treatments and hospitalization were transitory. In Raymond V CA (1988) and Bejer V CA (1989), SC held that venue for ordinary civil
actions and for special proceedings have one and the same meaning.
Rodolfo cited Eusebio V. Eusebio, et. al. (1956), wherein the decedent was from San
Fernando, Pampanga, suffering from a heart ailment, and purchased a house in QC The contention is non-sequitur.
to be nearer to his doctor, died and the Court held that the situs of the settlement
proceedings was at his domicile; Death certificates are admissible in evidence and were properly considered and
presumed to be correct by the court a quo.
and differentiated between:
SC cited Garcia-Fule V. CA as to the term “resides”.
Venue in ordinary civil actions
- RULE 4 Factual findings substantiated by evidence are conclusive and binding.
nd
SPEC PRO - - - - - 2 SEM SY 2008-2009 - - - - PROF. SAN PEDRO MARY ANN JOY R. LEE 3
DISPOSITION: Petition DENIED. CA AFFIRMED. RATIO: The intestate estate has long been closed, and none of the 3 heirs nor any
affected 3rd party has ever questioned the extra-judicial partition of the more recent
NOTES: discovered real properties.
The probate court had already lost jurisdiction over the estate.
There is no longer any property of the estate to administer or distribute and settle
CASE # 4: LEE V. CA among the recognized 3 heirs who have no claims whatsoever for the probate court
Dec. 28, 1973; J. Teehankee to adjudicate.
NATURE: Petition for Review on Certiorari of a decision of CA The issue in the case to quiet title is simply a question of conflicting claims of
ownership.
FACTS: Andres Tabar died and his estate was left to 3 heirs.
This is the proper subject matter of the action to quiet title and is beyond the
Alberto Tabar Tabada, one of the heirs before the partition of the estate sold all his jurisdiction of the probate court to determine.
rights and interests over the estate 1st to his co-heirs; and 2nd to the spouses Salvador
& Dolores Saldana. The probate court has no authority to decide in the estate proceedings whether
property disputed belongs to one or the other, but such question of ownership has to
The co-heirs filed a petition for the annulment of the Deed of Sale to the spouses. be resolved in an appropriate separate action. (see also RULE 87, SEC 2 & SEC 6)
CFI upheld the validity of the 1st sale, and declared the nullity of the 2nd sale.
DISPOSITION: CA Order SET ASIDE. CFI Order to Archive is also SET ASIDE. CFI
CA affirmed. directed to proceed with the hearing and determination of the action to quiet title on its
merits.
SC dismissed petition for certiorari.
NOTES:
Judgment became final and was executed.
After the Special Proceedings was terminated, the heirs discovered some more real
properties belonging to the estate of the deceased, and without reopening the Spec
Pro executed an extra-judicial partition of said real properties.
Again, Alberto Tabar Tabada sold his share twice 1st to his co-heirs; 2nd to the
spouses Salvador & Dolores Saldana.
This time the spouses Saldana sold it to Cesar T. Villareal and Epitasia Tan.
The co-heirs filed a petition to quiet their title over the 3 lots conveyed by Alberto
Tabar Tabaada.
CFI issued an Order to Archive the Case in the meantime, saying that the parties are
required to reopen the Special Intestate Estate Proceedings and there settle the
distribution of the newly discovered properties.
HELD: CA gravely erred in upholding CFI’s order to archive the petitioners’ action to
quiet title and requiring the parties to reopen the intestate estate.
SPEC PRO - - - - - 2nd SEM SY 2008-2009 - - - - PROF. SAN PEDRO MARY ANN JOY R. LEE 4
CASE # 5: VALERA V. INSERTO b.) that the Title of the Garin Heirs is a stronger claim that rebuts the presumption that
May 7, 1987; J. Narvasa the estate owns the fishpond
c.) that assuming the Probate Court had competence to resolve ownership, a
NATURE: Petition to Review the judgment of CFI & CA separate action has to be filed.
FACTS: ISSUE: WON Probate Court had authority to order reconveyance of the fishpond?
Rafael Valera was granted leasehold rights over an 18 hectare fishpond in Iloilo by
the government to last during his lifetime. HELD: No
He transferred it by “fictitious sale” to his daughter Teresa to support her children with RATIO:
the agreement that when the children finishes schooling, the fishpond will be returned ♥ The Probate Court exercises limited jurisdiction and has no power to take
to him. cognizance of and determine the issue of title to property claimed by a 3 rd person
adversely to the decedent, unless
Valera and his spouse Consolacion Sarosa and their child Teresa died. *issue is procedural:*
The claimant and all the other parties having legal interest in the property
The heirs of Teresa – her husband Jose Garin and their children bought the fishpond consent, expressly or impliedly, to the submission of the question to the Probate
from the government, acquiring title thereto. Court for adjudgement,
Or the interests of 3rd persons are not thereby prejudiced.
Rafael Valera - - - - - - - - - - - Consolacion Sarosa
♥ The cognizance of the Probate Court as to the title over the fishpond was not
definite, permanent nor writing a “finis” thereto, but merely to determine whether
Teresa - - - - - - Jose Garin or not it should be included in the inventory of the estate of the spouses.
The administrators of the spouses claim that the fishpond should be returned to the ♥ Presumption of conclusiveness of the title, especially if the holder is in
spouses’ estates. possession.
♥ Probate Court (Judge Adil): there has been an implied trust created, therefore the ♥ The same norm governs the situation contemplated in Section 6, Rule 87 of the
fishpond should be restored to the estate of the spouses. Rules of Court, expressly invoked by the Probate Court in justification of its
holding a hearing on the issue arising from the parties' conflicting claims over the
NCC fishpond.
Art. 1451. When land passes by succession to any person and he causes the legal
title to be put in the name of another, a trust is established by implication of law for The examination provided in the cited section is intended merely to elicit
the benefit of the true owner. evidence relevant to property of the decedent from persons suspected of
having possession
Art. 1453. When property is conveyed to a person in reliance upon his declared or knowledge thereof,
intention to hold it for, or transfer it to another or the grantor, there is an implied trust or of having concealed,
in favor of the person whose benefit is contemplated. embezzled,
or conveyed away the same.
♥ Pursuant thereto, he directed the sheriff to enforce reconveyance of the fishpond
to the estate. Of course, if the latter lays no claim to the property and manifests willingness to
tum it over to the estate, no difficulty arises; the Probate Court simply issues the
The fishpond was leased by the Garin Heirs to Fabiana, who although willingly appropriate direction for the delivery of the property to the estate.
surrendered it to the sheriff filed a complaint – in – intervention, which when
dismissed, then instituted a separate action for injunction and damages. On the other hand, if the third person asserts a right to the property contrary to
the decedent's, the Probate Court would have no authority to resolve the issue; a
Court of Appeals reversed (fishpond to be returned to Garin Heirs and their lessee separate action must be instituted by the administrator to recover the
Fabiana) saying that property.
a.) Probate Court had no jurisdiction
SPEC PRO - - - - - 2nd SEM SY 2008-2009 - - - - PROF. SAN PEDRO MARY ANN JOY R. LEE 5
DISPOSITION: CA Affirmed.
Yamuta then the probate court is competent to decide the question of ownership.
Maria Eusebio Apolinar The appellees belong to the poor stratum of society. They should not be forced to
Guadalupe incur additional expenses by bringing a separate action to determine ownership of the
Pizarras 12 hectare portion.
Francis Agerian Benjamin Perla Francisco Helen DISPOSITION: The lower court’s Order excluding the 12 hectares and the 2 orders
Jr. regarding the claim of Guadalupe Pizarras and her children are REVERSED & SET
ASIDE.
CFI ordered that a separate ordinary action is needed to determine ownership of the
land in dispute.
Later on, they approved the project of partition but excluded the 12 ha and did not
bother to decide how the remainder should be partitioned and WON Prima had a
share in that remainder.
CA sustained CFI.
SPEC PRO - - - - - 2nd SEM SY 2008-2009 - - - - PROF. SAN PEDRO MARY ANN JOY R. LEE 6
TOPIC: II. UNDER RULES OF COURT • The son by bigamous marriage and his mother (2nd wife) in 1996 [not extrajudicial
A. SETTLEMENT OF ESTATES settlement] filed claim to annul title issued to Aleli, claiming they are the legal
2. SUMMARY SETTLEMENT OF ESTATES heirs
• RTC dismissed:
CASE # 7: PEREIRA V. CA - Grounds: probate court has jurisdiction
J. Gancayco; June 20, 1989
- 2: because determination of staus as heirs is SPEC PRO [RULE 1, SEC. 3 (C)]
NATURE: Petition for Review on Certiorari of a decision of CA Not civil procedure
SPEC PRO - - - - - 2nd SEM SY 2008-2009 - - - - PROF. SAN PEDRO MARY ANN JOY R. LEE 7
TOPIC: II. UNDER RULES OF COURT - NCC ART. 1083 only allows a deceased’s estate to remain undivided for a
A. SETTLEMENT OF ESTATES period of 20years.
3. PROBATE OF WILLS
RULES e) Compromise future legitimes
CASE # 9: BALANAY, JR. V. MARTINEZ • Felix Sr. conformed to his wife’s will and renounced his share in favor of their
June 27, 1975; J. Aquino children
NATURE: Petition for Certiorari of an Order of CFI • Felix Jr., Beatriz, Carolina, Emilia – Pro will
• Avelina, Delia – Anti-probate
FACTS: Felix Balanay Sr ----- Leodegaria Julian - Claimed that the renunciation of Felix Sr. was not valid.
Six children • RTC dismissed petition for probate; will was void.
:. Intestate proceedings
Felix Jr. Avelina Beatriz Carolina Delia Emilia
a) Declaring she owns southern half of 9 conjugal lots a) Validity of RTC order to disallow will from probate? No
- Although she was a co-owner, her share was inchoate and pro-indiviso NCC
ART. 143. b) WON RTC assignment of clerk of court as special administrator proper? No
- NCC ART. 1080 envisages that 1 or more children are assigned the whole NCC ART 794 provides that “property acquired after the making of a will shall only
estate, that’s why the rest of the children are to be paid their legitimes in pass thereby, as if the testator had possessed it at the time of making the will, should
cash it expressly appear by the will that such was his intention.”
SPEC PRO - - - - - 2nd SEM SY 2008-2009 - - - - PROF. SAN PEDRO MARY ANN JOY R. LEE 8
b.) It is not a salutary practice because it might engender the suspicion that the NATURE: Petition for Review on Certiorari of a decision of CA
probate judge and his clerk of court are in cahoots in milking the decedent’s
estate. FACTS: Martin Jugo died on July 16, 1974 in Malabon, Rizal.
Should the clerk of court commit any abuse or devastavit in the course of his He left behind a will, not signed by the witnesses on the margin of page 3 (out of 4
administration, the probate judge might find it difficult to hold him to a strict pages, the rest compliant with statute).
accountability.
The will contained “that he has been estranged from his wife with whom he had 2
A court employee should devote his official time to his official duties and should legitimate children: Oscar and Carmelita and is living with Sofia J. Nepomuceno.”
not have as a sideline, the administration of a decedent’s estate.
Nepomuceno filed a petition for the probate of the deceased and asked for issuance
of letters testamentary.
c.) A notice to creditors is not in order if only a special administrator has been
appointed. The legal wife Rufina Gomez opposed the petition.
RULE 86 CFI denied probate because on the face of the will, the invalidity of the intrinsic
SECTION 1 “immediately after granting letters of testamentary or of provisions is evident.
administration, the court shall issue a notice requiring all persons having money
claims against the decedent to file them in the office of the clerk of said court” CA reversed and set aside the CFI decision, declaring the Will to be valid except the
devise in favor of Nepomuceno as being null and void pursuant to NCC ART 7392 in
Clearly contemplates the appointment of an executor or regular administrator and relation with ART 10283.
not that of a special administrator.
RULE 86 ISSUES: WON the CA has jurisdiction to declare the provision in favor of
SECTION 10 Nepomuceno as null and void?
&
RULE 88 HELD: Yes it has.
SECTION 1
It is the executor or regular administrator who is supposed to oppose the claims RATIO:
against the estate and to pay such claims when duly allowed. GR: in probate proceedings, the court’s area of inquiry is limited to an examination
and resolution of the extrinsic validity of the Will.
d.) He could validly do so, but insofar as said renunciation partakes of a donation, it One of the Exceptions: the probate of a will might become an idle ceremony if on its
should be subject to the limitations in NCC ART 750 & 752. face the will appears to be intrinsically void. Where practical considerations demand
that the intrinsic validity of the will be passed upon, even before it is probated, the
- A portion of the estate should be adjudicated to the widower for his support court should meet the issue. (Nuguid V. Nuguid)
and maintenance.
- Or at least his legitime should be respected.
2
The following donations shall be void:
(1) Those made between persons who were guilty of adultery or concubinage at the time of the
DISPOSITION: CFI decision SET ASIDE. Its Order setting for hearing the petition for donation;
probate is AFFIRMED. CFI directed to conduct further proceedings in consonance (2) Those made between persons found guilty of the same criminal offense, in consideration
with this opinion. thereof;
(3) Those made to a public officer or his wife, descendants and ascendants, by reason of his
NOTES: office.
In the case referred to in No. 1, the action for declaration of nullity may be brought by the spouse
of the donor or done; and the guild of the donor and done may be proved by preponderance of
evidence in the same action.
CASE # 10: NEPOMUCENO V. CA
J. Gutierrez, Jr.; Oct. 9, 1985 3
The prohibitions mentioned in ART 739, concerning donations inter vivos shall apply to
testamentary provisions.
SPEC PRO - - - - - 2nd SEM SY 2008-2009 - - - - PROF. SAN PEDRO MARY ANN JOY R. LEE 9
In addition, Nepomuceno is not innocent nor in good faith.
In view hereof, the CFI disapproved the compromise agreement and allowed the
probate of the 2nd will.
DISPOSITION: petition DISMISSED. IAC AFFIRMED.
The CA affirmed the disapproval of the compromise agreement but disallowed the
NOTES: probate of the will on the ground that evidence failed to establish that the testatrix
signed her will in the presence of instrumental witnesses in accordance with NCC
ART 805.
CASE # 11: RAMOS V. CA ISSUE: WON the last testament and its accompanying codicil were executed in
Jan. 31, 1978; J. Guerrero accordance with the formalities of the law?
NATURE: Appeal by way of Certiorari of a decision of CA HELD: Yes. Probate of 2nd will allowed.
They allege that the adopted children: CASE # 12: RODELAS V. ARANZA
1. Repudiated their institution as heirs and executors when they failed to cause the Dec. 7, 1982; J. Relova
recording of the 1951 will
2. committed acts of ingratitude when they abandoned the testatrix and denied her NATURE: Petition for Review the order of CA
support after they managed, through fraud and undue influence, to secure the
schedule of partition dated Jan. 15, 1962. FACTS: On Jan. 11, 1977, appellant filed a petition for the probate of the holographic
will of Ricardo B. Bonilla and the issuance of letters testamentary in her favor.
2 out of 3 witnesses did not see the testatrix sign the will.
SPEC PRO - - - - - 2nd SEM SY 2008-2009 - - - - PROF. SAN PEDRO MARY ANN JOY R. LEE 10
There were oppositors.
ISSUE: Whether a holographic will which was lost or cannot be found can be proven
by means of a photostatic copy?
HELD: Yes
RATIO:
NCC
Art. 811. In the probate of a holographic will, it shall be necessary that at least one
witness who knows the handwriting and signature of the testator explicitly declare that
the will and the signature are in the handwriting of the testator. If the will is contested,
at least three of such witnesses shall be required.
In the absence of any competent witness referred to in the preceding paragraph, and
if the court deem it necessary, expert testimony may be resorted to. (619a)
Probate of holographic wills is the allowance of the will by the court after its due
execution has been proved. The probate may be uncontested or not.
However, if the holographic will has been lost or destroyed and no other copy is
available, the will can not be probated because the best and only evidence is the
handwriting of the testator in said will.
A photostatic copy of the holographic will may be allowed because comparison can
be made with the standard writings of the testator.
The authenticity of the handwriting of the deceased can be determined by the probate
court.
NOTES:
SPEC PRO - - - - - 2nd SEM SY 2008-2009 - - - - PROF. SAN PEDRO MARY ANN JOY R. LEE 11
TOPIC: II. UNDER RULES OF COURT Those disposed with remunerations still belong to his wife’s estate.
A. SETTLEMENT OF ESTATES
4. EXECUTORS & ADMINISTRATORS
RULES 78-85 3. Mrs. Hodges simultaneously instituted her brothers & sisters as co-heirs with her
husband, with the condition that,
CASE # 13: PCIB V. ESCOLIN
March 29, 1974; J. Barredo Her husband would have complete rights of dominion over the whole estate
during his lifetime, with no obligation to preserve anything for them
Discussed in SUCCESSION already
and what would go to the brothers & sisters would be only the remainder of Mrs.
NATURE: Petition for Review on Certiorari of a decision of CA Hodges’ estate, left at the time of Mr. Hodges’ death.
FACTS: Linnie Jane Hodges died on May 23, 1957. This is only a simple case of conditional simultaneous institution of heirs,
whereby the institution of Hodges is subject to a partial resolutory condition, the
5 and a half years later, her husband, Charles Newton Hodges died as well. operative contingency of which is coincidental with that of the suspensive
condition of the institution of his brothers and sisters in law, which manner of
Both of them left wills with the clause “I give, devise and bequeath all of the rest, institution is not prohibited by law.
residue and remainder, of my estate, both real and personal, wherever situated or
located, to my beloved spouse to have to hold unto (him/her) – during (his/her)
natural lifetime,” subject to the condition that upon the death of whoever of them 4. The estate of Mrs. Hodges inherited by her brothers & sisters could be more than
survived the other, the remainder of what he or she would inherit from the other is just stated but is dependent on:
“given, devised and bequeathed” to the brothers and sisters of the latter. (1) Whether upon the proper application of the principle of renvoi in relation to
NCC Article 16, and the pertinent laws of Texas, it will appear that Hodges
The brothers and sisters of Linnie Jane alleged that Charles Newton Hodges made had no legitime as contended by Magno
statements and ratifications that he had renounced his inheritance from his wife in (2) WON Hodges had legally and effectively renounced his inheritance from his
favor of her other heirs. wife
PCIB – administrator of Mr. Hodges’ estate 6. As to the contracts to sell executed by Hodges “after” the death of his wife, the
- Claims that what was passed to Mr. Hodges was not only usufruct but also proceeds belong to the estate of Mrs. Hodges.
ownership with right to dispose of the properties
- Said that under Texas law, brothers & sisters only had ¼ as legitime
DISPOSITION: Petition DISMISSED. Lower Courts AFFIRMED.
HELD:
1. No final distribution and adjudication can be made yet. Probate Courts to proceed with the proceedings, and determine:
1. The manner of applying NCC Article 16 to the situation and
At best, RULE 109 2. Factual and legal issue as to WON Charles Newton Hodges had effectively and
SECTION 2 allowed Hodges to dispose of portions of his inheritance in advance legally renounced his inheritance under the will of his wife
of final adjudication, there being no possible prejudice to 3rd parties, inasmuch as 3. Liquidation of the estates
Mrs. Hodges had no creditors and all pertinent taxes have been paid.
2. On the assumption that Hodges’ purported renunciation should not be upheld, NOTES:
the estate of Mrs. Hodges inherited by her siblings consists of 1/4 of the
community estate of the spouses at the time of her death, minus whatever
Hodges had gratuitously disposed of therefrom during the period from her death
to his death.
SPEC PRO - - - - - 2nd SEM SY 2008-2009 - - - - PROF. SAN PEDRO MARY ANN JOY R. LEE 12