TOPIC: Escheats – Rule 91; Arts.

1011 to 1014, Civil Code; Sec 1 & 2

(1) In Re: Escheats Proceedings of Anne Fallon Murphy
Quick facts:
Escheat proceedings were instituted by three municipalities inNegros Occidental, in CFI
praying that the estates of the deceased Anne Fallon Murphy and Thomas Fallon be
escheated in their favor. Opposition filed by: 1. Nephew of decedents, 2. Knickerbocker
who is the sole legatee of his wife, who in turn was the residual legatee of Anne Fallon.
CFI denied escheat because Anne Fallon left a Will. CFI also denied prayers of oppositors
because of insufficient evidence.

Doctrine:
While it is possible for the estates of the decedents, who at the time of their death were
residents of California, to be settled in Negros Occidental where they had properties,
these proceedings were instituted as escheat proceedings and not for the settlement of
the estate. The court acquired jurisdiction to hear the petition for escheat by virtue of the
publication of the petition for escheat. The jurisdiction acquired cannot be converted into
one for the distribution of the properties of the decedents.