Nuffnang

Case Digest - Civil Law

Law on Succession

AZNAR vs GARCIA
GRN L. 16749 January 31, 1963
FACTS:
On September 14, 1949 Judge Cusi approved the final accounts of the executor directing the executor to reimburse Maria Lucy Christensen the amount of 3,600 paid by her to Helen Christensen Garcia as her legacy and declared Maria Lucy Christensen entitled to the residue of the property to be enjoyed during her lifetime, and in case of death, issue one half of said residue to Mrs. Carrie Louise C. Borton, in accordance with the provisions of the will of the testator Edward E. Christensen. The will was executed in Manila on March 5, 1951 by Edward Christensen, a citizen of California USA.

ISSUE:
The nationality which testamentary law should govern, CA or Phils under code art 16.
Held:
The SC held for the child who was given P3,000 only. It was said that while ART 16 of the Civil Code states that the intrinsic validity of testamentary provisions shall be governed by the decedent’s national law, nevertheless, the Civil Code of CA declares that the decedent’s domiciliary law shall govern. Hence, the question shall be referred to the decedent’s domicile.

No comments: