EN BANC
[G.R. No. 4477. August 27, 1908. ]
In the matter of the intestate estate of MALIGNAD, deceased The non-Christian GUINABLAY, Petitioner-Appellant, v. the non-Christian BRIGIDA, Respondent-Appellee.
Ramon Querubin and Julio Borbon for Appellant.
Carlos Ledesma, Ramon Fernandez and Juan Ledesma for Appellee.
SYLLABUS
1. ESTATES; PARTITION BY COMMISSIONERS. — When commissioners for the appraisal and partition of an estate have been duly appointed by order of a court of competent jurisdiction, and proceed in accordance with law and make what is apparently a just and equitable division of the property, in the absence of satisfactory evidence to the contrary the action of the court and of the commissioners will not be disturbed.
D E C I S I O N
ARELLANO, C.J. :
One Malignad died apparently intestate in the year 1902, in the rancheria (settlement) of Mambug, within the municipality of Santa Maria, Ilocos Sur.
Two children survived him — one named Immin, a 7-year-old girl had with his first wife named Cadaegan, and who was left in the care of the petitioner herein, the aunt of the deceased; and Juana, a 3-year-old girl, had with the deceased’s second wife, named Brigida, in whose care she remains.
By means of letters of administration issued on the 18th of September, 1905, the petitioner was appointed by the Court of First Instance of Ilocos Sur the judicial administratrix of the intestate estate of the deceased Maignad, under bond in the sum of P3,000 as security for the property which was valued at more than P2,500.
On the 19th of September, 1907, Brigida, the mother of the second child of the deceased, requested the partition of the estate, but Guinablay, the judicial administratrix, opposed the petition on the ground that, although Malignad had not left any debts of any sort, yet his second child, Juana, had not attained the age of four years, and she stated that she would agree to give the latter her portion of the inheritance when she was older. The court disregarded the proposal of the administratrix, and ordered the division of the estate as petitioned by Brigida in halves of P1,618.12
Two children survived him — one named Immin, a 7-year-old girl had with his first wife named Cadaegan, and who was left in the care of the petitioner herein, the aunt of the deceased; and Juana, a 3-year-old girl, had with the deceased’s second wife, named Brigida, in whose care she remains.
By means of letters of administration issued on the 18th of September, 1905, the petitioner was appointed by the Court of First Instance of Ilocos Sur the judicial administratrix of the intestate estate of the deceased Maignad, under bond in the sum of P3,000 as security for the property which was valued at more than P2,500.
On the 19th of September, 1907, Brigida, the mother of the second child of the deceased, requested the partition of the estate, but Guinablay, the judicial administratrix, opposed the petition on the ground that, although Malignad had not left any debts of any sort, yet his second child, Juana, had not attained the age of four years, and she stated that she would agree to give the latter her portion of the inheritance when she was older. The court disregarded the proposal of the administratrix, and ordered the division of the estate as petitioned by Brigida in halves of P1,618.12
