G.R. No. L‑2697
November 27, 1906

FACTS
Mariano Lamberto died leaving his wife, Claudia Mendiola (the appellant), his mother, Silveria Melendres, and his stepson, Justiniano Mendiola, as heirs. In 1889 the parties entered into a notarized agreement abandoning the pending voluntary probate, partitioning the estate, and giving Claudia possession of the whole property in return for payment of the debts and specific sums to the mother (₱2,400) and the stepson (₱1,200). The agreement contained a waiver by the mother and stepson of any future claim. In 1904 Justiniano and his sister Juliana petitioned the Court of First Instance (CFI) to probate the will and appoint an administrator, asserting that the 1889 partition was obtained by fraud. The CFI granted the petition. Claudia appealed, contending that the estate had already been validly partitioned.

ISSUE
Whether the 1889 contract of partition, executed by all competent heirs, bars further judicial settlement of the estate and requires that any challenge to its validity be pursued in an ordinary action for annulment of the partition rather than in probate proceedings.

RULING
The Supreme Court held that, under the Spanish Civil Procedure (Art. 1030) and the pre‑American Civil Code (Art. 1058), a valid partition executed by all adult heirs terminates the voluntary probate proceedings. Once the parties have lawfully divided the estate, the courts may not entertain further settlement or administration until the partition is set aside in a separate ordinary action. Accordingly, the CFI should have dismissed the petition for probate. The Court reversed the lower court’s judgment, remanded with instructions to dismiss the petition, and awarded costs to Claudia Mendiola.