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Neri vs. Akutin [SEPARATE OPINION, CONCURRING, OZAETA, J.]

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

CONCURRING

OZAETA, J.:

I concur in the majority opinion after mature reflection on the two  points discussed in Justice Bocobo's dissent.

Whether or not there was preterition of the testator's surviving children by his first marriage, may not be entirely beyond dispute, because  it is not altogether improbable that, before the testator made his will, said  children of  his had received cash advances  from him,  as stated in clause 8  of the will.  But, to my mind, there can be no doubt that there was preterition of the testator's grandchildren by his daughter Getulia, who died long before...