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  • Solis v. Ascuenta

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    Justin Andre Siguan
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    Maria Solla left a will naming her grandson Leandro Serrano as her universal heir and ordering him to provide funds for a yearly novena and insist that his heirs do the same. The trial court ruled this applied to both legacies and pious bequests. However, the Supreme Court determined Maria's intention based on the circumstances was only for the pious bequest of the novena to continue through Leandro's heirs, not the other legacies, as she wanted to ensure the novena continued after her death.

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    Wills and Succession

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    Maria Solla left a will naming her grandson Leandro Serrano as her universal heir and ordering him to provide funds for a yearly novena and insist that his heirs do the same. The trial court ruled this applied to both legacies and pious bequests. However, the Supreme Court determined Maria's intention based on the circumstances was only for the pious bequest of the novena to continue through Leandro's heirs, not the other legacies, as she wanted to ensure the novena continued after her death.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    317 views1 page

    Solis v. Ascuenta

    Uploaded by

    Justin Andre Siguan
    Maria Solla left a will naming her grandson Leandro Serrano as her universal heir and ordering him to provide funds for a yearly novena and insist that his heirs do the same. The trial court ruled this applied to both legacies and pious bequests. However, the Supreme Court determined Maria's intention based on the circumstances was only for the pious bequest of the novena to continue through Leandro's heirs, not the other legacies, as she wanted to ensure the novena continued after her death.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    Solla v.

    Ascuenta

    G.R. No. L-24955,

    September 4, 1926.

    FACTS

    Maria Solla died leaving a will in accordance with the laws then in force but was not probated. Maria
    then instituted grandson Leandro Serrano as universal heir, with the obligation that the latter shall “give
    or deliver to the parish priest of this town a sufficient sum of money necessary for a yearly novena” and
    shall “insist that his heirs comply with the same”. The Trial Court ruled that the order mentioned by
    Maria Solla that Leandro shall “insist that his heirs comply with the same” pertains to both the
    distribution of the legacies and the pious bequests.

    ISSUE

    Whether or not the phrase “insist that his heirs comply with the same” pertains to both the distribution
    of the legacies and the pious bequests.

    RULING

    NO. In order to determine the testator’s intention, the court should place itself as near as possible in his
    position, and hence, where the language of the will is ambiguous or doubtful, should take into
    consideration the situation of the testator and the facts and circumstances surrounding him at the time
    the will executed. In the present case, it appearing that it was Mari Solla’s intention, in ordering her
    universal heir Leandro Serrano in her will at the hour of his death, to insist upon the compliance of her
    orders by his heirs, that the latter should comply with her pious orders and that she did not mean her
    orders concerning her legacies.

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