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Francisca H. Rafols, et al. Vs. Marcelo A. Barba

FRANCISCA H. RAFOLS, FLORACION RAFOLS, AMPARO RAFOLS, CESAR CIMAFRANCIA, CRISOSTOMO RAFOLS and RICARDO RAFOLS, plaintiffs-appellants, vs. MARCELO A. BARBA, defendant-appellee.

G.R. No. L-28446 | 1982-12-13

D E C I S I O N


VASQUEZ, J.:

Plaintiffs-appellants Rafols are the wife and the four (4) children of Nicolas Rafols, a resident of Cebu City, who died testate on May 2, 1947. His estate was the subject of administration in Sp. Proc. No. 154-R of the Court of First Instance of Cebu, entitled "Testate Estate of Nicolas Rafols" in which a certain Vital T. Montayre, now deceased, was appointed administrator.

In a motion dated May 22, 1948, Vidal T. Montayre, thru counsel, sought authority from the probate Court to sell a parcel of land belonging to the estate in order to pay taxes, expenses of administration and other indebtedness of the...