Wednesday, October 26, 2011

Esteban Jr. died single in 1976 and without any issue. He is survived by Celedonia, his maternal aunt, and Concordia his paternal aunt. Esteban inherited a good number of properties from his deceased mother. His father died when he was barely 10 months old.
When Esteban Jr. died, Concordia and Celedonia agreed to form a foundation out the properties left by Esteban Jr. The foundation aims to provide scholarships for the poor but deserving students. To facilitate the formation of the foundation, Celedonia filed a petition in Court to declare her as sole heir of Esteban Jr. Celedonia opposed this somehow, saying that she is also an heir of Esteban Jr.

Questions: (1) Does reserva troncal apply in this case? (2) How would you distribute the properties left by Esteban Jr.?

Answer:FIRST DIVISION
[ G.R. No. 83484, February 12, 1990 ]
CELEDONIA SOLIVIO, PETITIONER, VS. THE HONORABLE COURT OF APPEALS AND CONCORDIA JAVELLANA VILLANUEVA, RESPONDENTS.

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