ArticuLaw Primo

žGR No. L-59821

Corona v. Court of Appeals

 

 

Facts: 

 

     Dolores Vitug died leaving two wills which excluded her husband Romarico Vitug, respondent in this case, as heir, and dividing her estate to her sisters and nieces in which among them is the petitioner Rowena Corona, and appointing the latter as executrix.

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      Upon motion of Rowena, the probate court appointed Nenita P.  Alonte as Administratrix.

 

ž    The probate court, however, set aside its decision appointed Romarico as Special Administrator, for the reason that the surviving spouse is first in the order of preference as administrator as he has an interest in the estate; that the disinheritance of the surviving spouse is not among the grounds of disqualification for appointment as administrator.

 

 

Issue:

 

Whether or not the contention of the probate court is correct

 

 

Held:

 

     The executrix’s choice of Special Administrator, considering her own inability to serve and the wide latitude of discretion given her by the testatrix in her will, is entitled to the highest consideration. Objections to Nenita’s appointment on grounds of impracticality and lack of kinship are overshadowed by the fact that justice and equity demand that the side of the deceased wife and the faction of the surviving husband be represented in the management of the decedent’s estate.  

 

     The motion for reconsideration was denied by the probate court. On appeal, the Court of Appeals sustained the decision of the probate court.