Case Digest (G.R. No. 55509)
Facts:
Ethel Grimm Roberts v. Judge Tomas R. Leonidas, Branch 38, Court of First Instance of Manila; Maxine Tate-Grimm, Edward Miller Grimm II and Linda Grimm, G.R. No. L-55509, April 27, 1984, Supreme Court Second Division, Aquino, J., writing for the Court.Decedent Edward M. Grimm, an American resident of Manila, died on November 27, 1977. On January 23, 1959 he executed two wills in San Francisco: one disposing of his Philippine estate (described as conjugal property with his second wife, Maxine Tate Grimm) and another disposing of his property outside the Philippines. The wills favored Maxine and her two children (Edward Miller Grimm II and Linda Grimm), and provided legitimes to the two children of a prior marriage, Juanita Grimm Morris and Ethel Grimm Roberts.
On March 7, 1978 the two wills and a codicil were presented for probate in Probate No. 3720 of the Third Judicial District Court, Tooele County, Utah; the Utah court admitted the instruments to probate on April 10, 1978 after a stipulation dated April 4, 1978. On April 25, 1978 the interested parties in Utah executed a compromise agreement (with a supplemental memorandum) that among other things designated Maxine, Pete (Edward II) and Ethel as personal representatives of the Philippine estate, reserved Maxine’s conjugal share, and provided a scheme for distribution of the "net distributable estate."
Forty-three days after Grimm’s death (January 9, 1978) Ethel Grimm Roberts filed Intestate Proceeding No. 113024 in Branch 20, Court of First Instance (CFI) of Manila for settlement of the estate and was named special administratrix. On March 11, 1978 Maxine filed an opposition and motion to dismiss the intestate proceeding on the ground of the pending Utah probate and sought appointment as special administratrix; she attached a copy of the will. Subsequently, Maxine (through new counsel), Ethel and Pete were appointed joint administrators — apparently pursuant to the Utah compromise — and submitted an inventory. With court approval, the administrators sold estate assets (the Palawan Pearl Project and large blocks of RFM shares), transactions that involved parties or entities connected to Ethel and her husband and lawyer Limqueco. On July 27, 1979 Judge Conrado M. Molina approved a declaration of heirs and project of partition, adjudicating one-half (4/8) to Maxine and one-eighth (1/8) to each of the four children; the will was not mentioned in that order.
After a period of inactivity, on September 8, 1980 counsel for Maxine and her children filed in Branch 38 a petition (Testate Proceeding No. 134559) seeking probate in the Philippines of Grimm’s two wills (already probated in Utah), annulment of the 1979 partition, revocation of letters of administration, appointment of Maxine as executrix, and an accounting and return of properties allegedly taken by Ethel and others. Ethel moved to di...(Pro-only)
Issues:
- Did Judge Leonidas commit grave abuse of discretion amounting to lack or excess of jurisdiction in denying Ethel’s motion to dismiss the testate petition filed in Branch 38?
- If the testate petition is proper, should the intestate proceeding in Branch 20 be consolidated with the testate proceeding and who should cont...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)