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Digest Spec Pro RULE 75
Digest Spec Pro RULE 75
NECESSARY
Petition for probate being opposed on the ground that petitioner is not
entitled to inherit and oppositors are the only heirs of the decedent.
1)
Probate court ruled upon the intrinsic validity of the will before ruling on
allowance or formal validity of the will.
I: WON probate court may pass upon intrinsic validity of the will.
H: Yes if on its face it appears to be intrinsically void. Where practical
considerations demand that the intrinsic validity of the will be passed
upon, even before it is probated, the court should meet the issue.
5)
The probate court resolved with finality the questions of ownership and
intrinsic validity of the will. Thus judge in this case is alleged to have
acted in grave abuse of discretion.
I: WON probate court can pass upon question of ownership, side
issue: no actual determination of intrinsic validity.
H: As a rule, the question of ownership is an extraneous matter which
the probate court cannot resolve with finality. Thus, for the purpose of
determining whether a certain property should or should not be
included in the inventory of estate properties.