Case Digest (G.R. No. 55509)
Facts:
On November 27, 1977, Edward M. Grimm, an American resident of Manila, died intestate at Makati Medical Center survived by his second wife Maxine Tate Grimm and their two children, Edward Miller Grimm II and Linda Grimm, and by his two children from a prior marriage, Juanita Grimm Morris and Ethel Grimm Roberts. In 1959 in San Francisco, the decedent executed two wills and a codicil: one disposing of his Philippine estate (conjugal property with Maxine) and another disposing of his foreign estate. Both wills favored Maxine and her two children and provided legitimes to Ethel and Juanita. On April 10, 1978, the Utah Third Judicial District Court admitted these instruments to probate pursuant to a stipulation and a compromise agreement among all heirs, which also purported to appoint Maxine, Edward II and Ethel as administrators of the Philippine estate. Meanwhile, on January 9, 1978, Ethel filed Intestate Proceeding No. 113024 in Branch 20 of the Court of First Instance of ManilaCase Digest (G.R. No. 55509)
Facts:
- Decedent and Testaments
- Edward M. Grimm, American resident of Manila, died on November 27, 1977, survived by:
- Second wife Maxine Tate-Grimm and their two children, Edward Miller Grimm II and Linda Grimm.
- Two children of first marriage, Juanita Grimm Morris and Ethel Grimm Roberts.
- On January 23, 1959, Grimm executed two wills in San Francisco:
- Utah Probate and Compromise Agreement
- March 7, 1978: Wills and codicil probated in Utah District Court; notice given to Juanita and Ethel.
- April 10, 1978: Utah court admitted wills upon stipulation of all heirs.
- April 25, 1978: Parties entered into a compromise agreement:
- Maxine, Pete and Ethel designated personal representatives of Philippine estate.
- Maxine’s conjugal half reserved (min. US $1.5 M plus homes).
- Four children to share equally net distributable estate; each first-marriage daughter guaranteed at least 12½ %.
- Manila Intestate Proceeding No. 113024 (Branch 20 CFI Manila)
- January 9, 1978: Ethel filed intestate petition; named special administratrix.
- Maxine opposed and moved to dismiss based on Utah probate; later withdrew opposition.
- Maxine, Ethel and Pete appointed joint administrators (per Utah compromise).
- Administrators sold:
- July 27, 1979: Judge Molina adjudicated estate—½ to Maxine, 1/8 each to four children—ignoring the will.
- Subsequent motions to defer partition were denied as moot; estate tax payment certified; April 18, 1980, motion for accounting filed; counsel shifts ensued.
- Testate Petition and Annulment Proceeding No. 134559 (Branch 38 CFI Manila)
- September 8, 1980: Maxine, Pete and Linda filed petition to:
- Probate the two wills (already probated in Utah).
- Annul the 1979 partition and revoke letters of administration.
- Appoint Maxine executrix and compel Ethel and Juanita Morris to account.
- October 27, 1980: Judge Leonidas denied Ethel’s motion to dismiss.
- Ethel sought certiorari and prohibition in the Supreme Court to dismiss the testate petition or consolidate proceedings and hear annulment of Utah compromise first.
Issues:
- Whether Branch 38 may entertain a petition for probate of wills and annulment of partition after an intestate proceeding was approved in Branch 20.
- Whether the trial judge abused discretion in denying Ethel’s motion to dismiss the testate petition.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)