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Luis Cruz Vda. De Jose et al. Vs. Eugenia de la Paz

LUISA CRUZ VDA. DE JOSE ET AL., plaintiffs-appellants, vs. EUGENIA DE LA PAZ, defendant-appellee.

G.R. No. L-2015 | 1950-01-06

D E C I S I O N


BENGZON, J.:

This litigation concerning a parcel of land in the municipality of Cainta was submitted to the Court of First Instance of Rizal upon a stipulation of facts. From a decision dismissing the case, the plaintiffs have appealed, and they claim that the court a quo erred in disregarding certain portions of the stipulation and consequently in absolving the defendant.

Vivencio Cruz married Magdalena Domingo in 1886. Magdalena died in 1897. In 1911 Vivencio Cruz married Fidela Lira. He died in l940, leaving a testament, the fifth clause of which reads as follows:

"Quinto. Lego a mi esposa Fidela Lira la parte de...