MICIANO vs. BRIMO

 

MICIANO vs. BRIMO
G.R. No. L-22595             
November 1, 1927

FACTS:

Joseph Brimo a Turkish national left a will regarding his estate in the Philippines. The testator in the second clause of the will said that although he is a Turkish citizen, it is his wish that the distribution of his property be made in accordance with the laws in force in the Philippine islands. He requested his relatives to respect his wish otherwise he annuls and cancels beforehand whatever disposition found in the will favorable to the person who fails to comply with such request.


The judicial administrator of this estate filed a scheme of partition. Andre Brimo, one of the brothers of the deceased, opposed it. The court, however, approved it.


ISSUE:

Whether the Turkish Law will govern the testamentary disposition.


RULING:


Yes. The Supreme Court held that the condition in the testamentary disposition of Brimo was void, being contrary to law, for article 792 of the civil Code provides the following:


Impossible conditions and those contrary to law or good morals shall be considered as not imposed and shall not prejudice the heir or legatee in any manner whatsoever, even should the testator otherwise provide.


And said condition is contrary to law because it expressly ignores the testator's national law when, according to article 10 of the civil Code, such national law of the testator is the one to govern his testamentary dispositions.


Said condition then, in the light of the legal provisions above cited, is considered unwritten, and the institution of legatees in said will is unconditional and consequently valid and effective even as to the herein oppositor.


All of the remaining clauses of said will with all their dispositions and requests are perfectly valid and effective it not appearing that said clauses are contrary to the testator's national law.


Therefore, the orders appealed from were modified and it was directed that the distribution of this estate be made in such a manner as to include the herein appellant Andre Brimo as one of the legatees, and the scheme of partition submitted by the judicial administrator is approved in all other respects, without any pronouncement as to costs.

 

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