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Neri vs. Akutin [DECISION]

Administration of the estate of Agripino Neri y Chavez. ELEUTERIO NERI ET AL., petitioners, vs. IGNACIA AKUTIN AND HER CHILDREN, respondents.

G.R. No. 47799 | 1943-05-21

D E C I S I O N
 
MORAN, J.:
 
This is where the testator in his will left all  his property by universal to the children  by his second marriage, the herein respondents,  with preterition of the children by his first marriage, the herein petitioners.  This Court annulled the institution of heirs and declared a total intestacy.

A motion for reconsideration has been filed by the respondents on the  ground (1) that there is no preterition as to the children of the first marriage who have received their shares in the property left by the testator, and (2) that, even assuming that there has been a preterition, the...