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Hilarion, Jr. and Enrico Orendain vs. Trusteeship of the Estate of Dona Margarita Rodriquez

HILARION, JR. and ENRICO ORENDAIN, represented by FE D. ORENDAIN, Petitioners,[1] versus TRUSTEESHIP OF THE ESTATE OF DO?A MARGARITA RODRIGUEZ, Respondent.

G.R. No. 168660 | 2009-06-30

DECISION

NACHURA, J.:

This petition for certiorari, filed under Rule 65 of the Rules of Court, assails the Order[2] of the Regional Trial Court (RTC) of Manila, Branch 4 in SP. PROC. No. 51872 which denied petitioners' (Hilarion, Jr. and Enrico Orendain, heirs of Hilarion Orendain, Sr.) Motion to Dissolve the Trusteeship of the Estate of Doña Margarita Rodriguez.

First, we revisit the long settled facts.
On July 19, 1960, the decedent, Doña Margarita Rodriguez, died in Manila, leaving a last will and testament. On September 23, 1960, the will was admitted to probate by virtue of the order of the Court of First Instance of...