G.R. No. L-45978; April 24, 1939
In re Will of FRANCISCO ELEAZAR, deceased. MIGUELA ELEAZAR, petitioner-appellee, vs. EUSEBIO ELEAZAR, oppositor-appellant.

FACTS

The deceased Francisco Eleazar executed a last will and testament wherein he omitted his legitimate father, Eusebio Eleazar (the appellant), expressly disinherited his lawful wife, and instituted Miguela Eleazar (the appellee) as his universal heir. The lower court admitted the will to probate and adjudged the appellant and appellee each entitled to one-half of the estate. The appellant appealed, arguing that the institution of the appellee as universal heir should be annulled and that he should be declared entitled to the entire estate.

ISSUE

Whether the institution of Miguela Eleazar as universal heir is valid despite the omission of the testator’s legitimate father from the will.

RULING

The Supreme Court affirmed the lower court’s judgment. The will is null and void insofar as it deprives the legitimate father, Eusebio Eleazar, of his legitime (legal portion). However, it is valid with respect to the other half of the estate, which the testator could freely dispose of. This disposable portion is considered a legacy in favor of Miguela Eleazar. Thus, the estate is properly divided, with one-half going to the appellant as his compulsory share and the other half to the appellee.

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