GR L 45248; (April, 1939) (Digest)
G.R. No. L-45248; April 18, 1939
In the matter of the will of the deceased Eugenio Zuñiga del Rosario. VICENTE REYES VILLAVICENCIO, applicant-appellee, vs. SANTIAGO QUINIO, ET AL., oppositors-appellants.
FACTS
Eugenio Zuñiga del Rosario died leaving a will that was duly probated. The third clause of the will directed that all the income from her properties be used exclusively for the celebration of masses for the souls of the testatrix, her parents, and siblings, and for alms to specified religious images, with a provision that the properties could be sold if necessary to fulfill these purposes. The testatrix had no compulsory heirs. Oppositors-appellants, collateral relatives within the fifth degree, filed a motion seeking to be declared heirs, arguing that after funding the masses and alms, a residual balance of the estate would remain to which they were entitled as intestate heirs. They also presented an arrangement with the Bishop of Lipa for compliance with the will’s provisions. The executor opposed, and the lower court denied the motion.
ISSUE
Whether the oppositors-appellants, as collateral relatives, are entitled to succeed to any part of the estate of the testatrix, who disposed of all her property for religious purposes in her will.
RULING
No. The Supreme Court affirmed the lower court’s order. The will clearly directed that all the income from the properties be spent for the stipulated masses and alms, and authorized the sale of the properties if needed. The testatrix, having no compulsory heirs, had full testamentary freedom to dispose of her entire estate for pious works, such as masses for the repose of souls, under Article 747 of the Civil Code. No residual estate existed for intestate succession. The arrangement with the Bishop of Lipa did not validate the appellants’ claim, as the Church was not a testamentary beneficiary and the Bishop’s intervention could not alter the clear provisions of the will.
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