Escolar Documentos
Profissional Documentos
Cultura Documentos
FACTS: When Benigno Diaz died, his will together with the codicil he
executed, giving a legacy to Filomena Diaz, were admitted to probate. The
proceedings were closed in 1950 and the estate was thereafter put under the
administration of the appellee bank. Subsequently, Filomena Diaz died,
leaving two legitimate children, Milagros , married with seven legitimate
children and Onesima, single. The latter filed a petition contending that the
amount that would have appertained to Filomena Diaz under the codicil
should now be divided equally only between herself and Milagros, to the
exclusion of the seven legitimate children of the latter. The court denied the
petition.
ISSUE: Whether or not the property shall be divided equally only between
the legitimate children to the exclusion of the grandchildren.
RULING: Under Article 846 of the Civil Code, heirs instituted without
designation of shares shall inherit in equal parts.