Title
Philippine Trust Co. vs. Boha
Case
G.R. No. L-12105
Decision Date
Jan 30, 1960
A U.S. citizen's will, governed by Nevada law, was upheld in the Philippines despite claims by his former wife and children for legitime under Philippine law, as the divorce and will were valid under Nevada law.

Case Digest (G.R. No. 247982)
Expanded Legal Reasoning Model

Facts:

  • Admission to probate
    • On April 24, 1950, the Court of First Instance (CFI) of Manila admitted to probate the last will and testament of C. O. Bohanan, executed April 23, 1944 in Manila.
    • The court found that, despite long Philippine residence, the decedent’s domicile was Nevada, U.S., and appointed the Philippine Trust Company as executor upon posting a P10,000 bond.
  • Project of partition
    • On January 24, 1956, the executor filed a project of partition disposing of a net estate of P211,639.33 in cash and mining‐company shares.
    • Testamentary dispositions:
      • One‐half of residuary estate to Farmers & Merchants National Bank of Los Angeles in trust for grandson Edward George Bohanan (P90,819.67 cash + half of all mining stock).
      • One‐half to testator’s brother F. L. Bohanan and sister M. B. Galbraith, in equal shares (same amount and stock).
      • Legacies of P6,000 each to his son Edward Gilbert Bohanan and daughter Mary Lydia Bohanan, payable in three annual installments.
      • Other legacies: P10,000 to Clara Daen; P2,000 to Katherine Woodward; P4,000 to Beulah Fox; P2,000 to Elizabeth Hastings.
  • Objections by oppositors
    • Widow Magdalena C. Bohanan claimed legitime under Philippine law, arguing the Reno divorce was invalid locally and conjugal property existed.
    • Children Edward and Mary Lydia Bohanan contended their legitime (two‐thirds of estate) under the old Civil Code was infringed by the will.

Issues:

  • Whether Magdalena C. Bohanan, as the testator’s former wife, is entitled to a legitime share under Philippine law, notwithstanding the Nevada divorce and a finding of no community property.
  • Whether the decedent’s children, Edward and Mary Lydia Bohanan, are entitled to two‐thirds of the estate under Philippine compulsory‐heirship rules, despite Nevada law permitting full testamentary disposition.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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