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Atanacia Mallari Vs. Juan De La Cruz, Et Al. 090 Phil 591

TESTAMENTARY PROCEEDINGS OF THE DECEASED EPIFANIO PABUSTAN. ATANACIA MALLARI, administratrix-appellant, MOISES CARREON, legatee-appellant, vs. JUAN DE LA CRUZ, ET ALS., petitioners-appellees.

G.R. No. L-3616 | 1951-12-27

R E S O L U T I O N


BAUTISTA ANGELO, J.:

This is an appeal from an order of the Court of First Instance of Tarlac dated December 27, 1948, denying the petition of appellants seeking relief from the effects of a final order under Rule 38 of the Rules of Court.

One Epifanio Pabustan died leaving a will but without forced heirs. In the will, he instituted his widow, Atanacia Mallari, and two relatives, Rosendo Manaloto and Moises Carreon, as legatees. The value of the estate is P8,000. The will was duly admitted to probate.

On May 9, 1941, the legatees and other supposed heirs of the deceased filed a petition with the court stating that...