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In re: Estate of Abada (Noble vs. Abaja),

TESTATE ESTATE OF THE LATE ALIPIO ABADA, BELINDA CAPONONG-NOBLE, Petitioner, versus ALIPIO ABAJA and NOEL ABELLAR, Respondents.

G.R. No. 147145 | 2005-01-31

FIRST DIVISION
DECISION
 
CARPIO, J.:
 
The Case
 
Before the Court is a petition for review[1] assailing the Decision[2] of the Court of Appeals of 12 January 2001 in CA-G.R. CV No. 47644.  The Court of Appeals sustained the Resolution[3] of the Regional Trial Court of Kabankalan, Negros Occidental, Branch 61 (“RTC-Kabankalan”), admitting to probate the last will and testament of Alipio Abada (“Abada”).
 
The Antecedent Facts
 
Abada died sometime in May 1940.[4] His widow Paula Toray (“Toray”) died sometime in September 1943.  Both died without legitimate children.
 
On 13...