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In Re: Cipriano Duran, Et Al. vs. Josefina B. Duran

IN RE: INTESTATE ESTATE OF THE LATE PIO DURAN. CIPRIANO DURAN and MIGUEL DURAN, petitioners-appellants, vs. JOSEFINA B. DURAN, movant-oppositor and appellee.

G.R. No. L-23372 | 1967-06-14

D E C I S I O N 


BENGZON, J.P., J.: 

Pio Duran died without testament on February 28, 1961 in Guinobatan, Albay. Among his alleged heirs are Josefina Duran, as surviving spouse; several brothers and sisters; nephews and nieces. 

Subsequent to his death, on June 2, 1962, Cipriano Duran, one of the surviving brothers, executed a public instrument assigning and renouncing his hereditary rights to the decedent's estate in favor of Josefina Duran, for the consideration of P2,500.00. 

A year later, on June 8, 1963, Cipriano Duran filed in the Court of First Instance of Albay a petition for intestate proceedings to settle Pio...