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    RULE 77 of The The Rules of Court

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    Nikasia Roxas
    Audrey O'Neill died leaving a will that bequeathed her entire estate to Richard Guersey, who was named executor. Her will was probated in Maryland, USA. As ancillary administrator in the Philippines, Ancheta presented Audrey's properties in the Philippines for distribution according to her will. Richard later died, leaving a will giving his estate to Candelaria. When Richard's will was probated, Candelaria opposed the distribution. The Court of Appeals later ruled in favor of Candelaria, finding that the trial court's distribution of Audrey's estate did not properly follow the terms of her will under Maryland law.

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    RULE 77 of The The Rules of Court

    Uploaded by

    Nikasia Roxas
    37 views11 pages
    Audrey O'Neill died leaving a will that bequeathed her entire estate to Richard Guersey, who was named executor. Her will was probated in Maryland, USA. As ancillary administrator in the Philippines, Ancheta presented Audrey's properties in the Philippines for distribution according to her will. Richard later died, leaving a will giving his estate to Candelaria. When Richard's will was probated, Candelaria opposed the distribution. The Court of Appeals later ruled in favor of Candelaria, finding that the trial court's distribution of Audrey's estate did not properly follow the terms of her will under Maryland law.

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    Ancheta v. Dalaygon

    Original Title

    RULE 77 of the the Rules of Court

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    Audrey O'Neill died leaving a will that bequeathed her entire estate to Richard Guersey, who was named executor. Her will was probated in Maryland, USA. As ancillary administrator in the Philippines, Ancheta presented Audrey's properties in the Philippines for distribution according to her will. Richard later died, leaving a will giving his estate to Candelaria. When Richard's will was probated, Candelaria opposed the distribution. The Court of Appeals later ruled in favor of Candelaria, finding that the trial court's distribution of Audrey's estate did not properly follow the terms of her will under Maryland law.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    37 views11 pages

    RULE 77 of The The Rules of Court

    Uploaded by

    Nikasia Roxas
    Audrey O'Neill died leaving a will that bequeathed her entire estate to Richard Guersey, who was named executor. Her will was probated in Maryland, USA. As ancillary administrator in the Philippines, Ancheta presented Audrey's properties in the Philippines for distribution according to her will. Richard later died, leaving a will giving his estate to Candelaria. When Richard's will was probated, Candelaria opposed the distribution. The Court of Appeals later ruled in favor of Candelaria, finding that the trial court's distribution of Audrey's estate did not properly follow the terms of her will under Maryland law.

    Copyright:

    © All Rights Reserved
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    of 11

    Alonzo Q. Ancheta vs.

    Candelaria Guersey-Dalaygon
    G.R. No. 139868
    June 8, 2006

    W. RICHARD GUERSEY

    AUDREY ONEILL

    KYLE GUERSEY HILL

    Audrey ONeill died leaving a WILL


    Bequeathed the ENTIRE ESTATE to Richard,
    which was also assigned as Executor.
    Admitted to probate before the Orphanss Court of
    Baltimore, Maryland, USA.

    Audreys will admitted to probate by the CFI Rizal


    Atty. Ancheta (Ancillary Administrator) presented an
    inventory and appraisal of the properties of Audrey:
    Audreys conjugal share in real estate in Forbes Park
    Audreys current Bank account (P12,417.97)
    64,444 shares of stock in A/G Interiors, Inc. (P64,444)

    SPEC. PRO. NO. 9625


    (Audreys will)
    1. Estate in Forbes Park

    to Richard
    to Kyle

    2. Shares of Stock in A/G Intertiors, Inc.

    48, 333 to Richard


    16,111 to Kyle

    3. Bank Account

    P9,313.48 to Richard
    P3,104.49 to Kyle

    GRANTE
    D AND
    APPRO
    VED

    W. RICHARD GUERSEY

    KIMBERLY GUERSEY

    CANDELARIA GUERSEY

    KEVIN GUERSEY

    W. Richard Guersey died, leaving a will.


    Bequeathed entire estate to the Respondent
    Rights and interests over the A/G Interior, Inc.
    shares left to Kyle
    Admitted to probate by Orphans Court of Ann
    Arundel, Maryland, USA

    Richards will submitted for probate before the


    RTC of Makati
    SPEC. PRO. NO. M-888
    The share of Richard in Forbes Park
    2/5 to the Respondent
    3/5 divided to the 3 children

    Under the law of the


    State of Maryland, a
    legacy passes to the
    legatee
    the
    entire
    interest of the testator
    in the property subject
    of the legacy.

    OPPOS
    ED

    Due to the opposition filed by Candelaria:


    SPEC. PRO. NO. M-888
    The share of Richard in Forbes Park
    2/5 to the Respondent
    3/5 divided to the 3 children

    DENIED

    CANDELARIA to COURT OF APPEALS


    filed a complaint for the annulment of the
    trial courts order issued in Special
    Proceeding No.
    Candelaria alleges that Atty. Ancheta
    willfully breached his fiduciary duty when
    he disregarded the law of the state of
    Maryland on the distribution of Audreys
    estate in accordance to her will.

    ATTY. ANCHETAS DEFENSE


    Acted in GOOD FAITH
    He had no NO KNOWLEDGE of the law

    Best interest of the Surviving Children

    Judgment is FINAL and EXECUTORY

    The Court of Appeals ruled in favor of


    CANDELARIA

    ISSUE:
    W/N THE DECISION OF THE TRIAL COURT
    IN SPEC. PRO. NO. 9625 IS VALID AND
    BINDING.

    HELD:
    NO.
    a final decree of distribution of estate may be set
    aside for lack of jurisdiction or fraud
    a will proved in a foreign country which is
    allowed in the Philippine court, shall be
    disposed of according to such will

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