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.
