G.R. No.
L-2211, December 20, 1948
NATIVIDAD
I. VDA. DE ROXAS VS. POTENCIANO PECSON, JUDGE OF FIRST INSTANCE OF BULACAN,
MARIA ROXAS AND PEDRO ROXAS
FACTS: Pablo M.
Roxas died leaving properties in Bulacan. The other respondents Maria and Pedro
Roxas, sister and brother respectively of the deceased, filed a petition for
the administration of the estate in special intestate proceeding and Maria
Roxas was appointed special administrix upon an ex-parte petition. The
petitioner Natividad Vela, de Roxas, widow of Pablo M. Roxas, filed a petition
for the probate of an alleged will of her deceased husband, and for her
appointment as executrix of his estate designated in said will with the same
court. Upon agreement of both parties, the intestate proceeding was dismissed
and ordered closed by the court. In view of the opposition to the probate of
the will by the respondents, the petitioner was appointed special
administratrix. The respondents Maria and Pedro Roxas renewed their petition
for the appointment of Maria Roxas as a special administratrix or special
co-adminatrix. The respondent judge rendered his resolution appointing the
petitioner as special adninistratrix only of all the conjugal properties of the
deceased, and Maria as special adminatrix of all capital or properties
belonging exclusively to the deceased Pablo M. Roxas.
ISSUE: Whether the appointment of two special
co-administratices of the estate of the deceased is proper.
RULING: No.
There is
absolutely no reason for appointing two separate administrators, specially if
the estate o be settled is that of a deceased husband as in the present case.
If two separate administrators are appointed as done in the present case, in
every action which one of them may institute to recover properties or credit of
the deceased, the defendant may raise the question or set up the defense that
the plaintiff has no cause of action, because the property or credit in issue
belongs to the class which is being administered by the other administrator,
which can not be done if the administrator of the entire estate is only one.
Comments
Post a Comment