LAW ON SUCCESSION | IN RE. BALANAY VS. MARTINEZ, G.R. NO. L-39247, JUNE 27, 1975

IN RE. BALANAY VS. MARTINEZ,

G.R. NO. L-39247, JUNE 27, 1975

 

TOPIC/DOCTRINE

Although under Article ‘70 of the Civil Code the testatrix could dispose of by will only her half of the conjugal state, the conformity of the husband, made after the dissolution of the conjugal partnership by the death of the testatrix, has the effect of validating the testamentary partition of the conjugal estate, without prejudice, of course, to the rights of creditors and legitimes of the compulsory heirs.

 

FACTS

Leodegaria Julian, in her will, partitioned her paraphernal as well as all the conjugal properties as if they were all owned by her, disposing of her husband’s one-half share, and providing that the properties should not be divided during her husband’s lifetime but should remain intact and that the legitimes should be paid in cash to be satisfied out of the fruits of the properties. Felix Balanay, Jr. filed a petition for the approval of his mother’s will which was opposed by the husband and some of her children. During the pendency of the probate proceedings petitioner submitted to the court a document showing his father’s conformity to the testamentary distribution, renouncing his hereditary rights in favor of his children in deference to the memory of his wife. The Court denied the opposition, set for hearing the probate of the will and gave effect to the affidavit and conformity of the surviving spouse.

 

ISSUE

Whether the tertamentary partition was validated.

 

RULING

Yes.

The court ruled that although under Article ‘70 of the Civil Code the testatrix could dispose of by will only her half of the conjugal state, the conformity of the husband, made after the dissolution of the conjugal partnership by the death of the testatrix, has the effect of validating the testamentary partition of the conjugal estate, without prejudice, of course, to the rights of creditors and legitimes of the compulsory heirs.







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