Civil Law, Mercantile Law

In re estate of Engracio Orense, deceased. EUGENIA M. SANTOS, VIUDA DE ORENSE, vs. THE ROMAN CATHOLIC BISHOP OF NUEVA CACERES G.R. No. L-21289 April 5, 1924 45 Phil. 895

 

FACTS:

Appellant’s husband, Engracio Orense, a resident of the municipality of Guinobatan, Province of Albay, died, leaving an estate. The deceased left a will, according to which six parcels of land were left to the Roman Catholic Church as trustee for various purposes, subject to a life estate in favor of the appellant who, in the absence of descendants, ascendants and collateral heirs of the deceased, was made his universal testamentary heir. The will was probated on March 6, 1919, and the appellant was appointed executrix. Appellant filed a motion with the CFI asking that the declaration of heirs made by the testator in his will be confirmed, and that a commission be appointed to make a nominal division of the estate. The court dictated an order authorizing the disposal of the aforesaid parcels of land, either at public or private sale as thought best, subject to the confirmation of the court.The appellant reported to the court that she had sold the smallest of the parcels willed to the Roman Catholic Church for P350 and asked the approval of the court. This sale was approved by an order dated.

ISSUE:

Whether the order appealed from, not constituting a final determination of the rights of the parties, the appeal is premature and should be dismissed.

 

RULING:.

An order for a license to sell real estate in administration proceedings, ordinarily, is in the nature of a judgment upon the issues, involved and an appeal may be taken therefrom as in the case of any other judgment.

“A final order of distribution of the estate of a deceased person vests the title to the land of the estate in the distributees”.

A license to sell such land granted after the distribution , without notice to the distribute, is void for want of jurisdiction in the court and the order granting it may be vacated.at any time before the sale has been made.

 

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