Estate of Paulina de Garcia - Teresa Garcia vs. Luisa Garcia
Estate of Paulina de Garcia - Teresa Garcia vs. Luisa Garcia
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VlLLA-REAL, J.:
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On Jul 28, 1936, Teresa Garcia led a motion asking that she be
appointed special administratrix of the intestate for the sole purpose
of bringing an actions which she ma believe necessar to recover
for the bene t of the intestate the properties and credits set out in her
motion, as well as other properties which might be discovered f rom
time to time belonging to the said intestate.
After hearing said motion and the administratrix' opposition
thereto, the Court of First Instance of Manila denied the motion b
its order of August 19, 1936.
On motion for reconsideration led b Teresa Garcia, which was
opposed b the administratrix, the court issued the following order
of September 28, 1936:
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From the foregoing order Teresa Garcia took this appeal, assigning
four alleged errors committed b the lower Court in its order, which
errors boil down to the proposition of whether or not a court has
jurisdiction to hear and pass .upon the exceptions which an heir
takes to an inventor of the properties left b a deceased referring to
the inclusion or exclusion of certain properties and credits,
It is the dut of ever administrator, whether special or regular,
imposed b section 668 of the Code of Civil Procedure, to return to
the court within three months after his appointment a true inventor
of the real estate and all the goods, chattels, rights, and credits of the
deceased which come into his possession or knowledge, unless he is
residuar legatee and has given the prescribed bond. The court
which acquires jurisdiction over the properties of a deceased person
through the ling of the corresponding proceedings, has supervision
and control over the said properties, and under the said power, it is
its inherent dut to see that the inventor submitted b the
administrator
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Teresa Garcia the right to ask for the reopening of the hearing of her
opposition to the inventor , as well as to ask for the appointment of
a special administrator in accordance with law, with the costs to the
appellant. So ordered.
Order af rmed.
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C g 2021 Ce a B S , I c. A g e e ed.