NUGUID vs. NUGUID (1966)

NUGUID vs. NUGUID (1966)

FACTS:

Rosario Nuguid, decedent, single, without descendants, legitimate or illegitimate. Surviving heirs were her legitimate parents and six siblings.

The sister of the deceased filed in the CFI a holographic will allegedly executed by Rosario Nuguid on November 17, 1951, some 11 years before her demise.

The parents of the deceased Rosario Nuguid, entered their opposition to the probate of her will - that by the institution of petitioner as universal heir of the deceased, the parents — who are compulsory heirs of the deceased in the direct ascending line — were illegally preterited and that in consequence the institution is void.

ISSUE:

Whether or not there the will is void by reason of preterition.

HELD:

Yes. This is a clear case of Preterition. The deceased left no descendants, legitimate or illegitimate. But she left forced heirs in the direct ascending line her parents, now oppositors. And, the will completely omits both of them. They thus received nothing by the testament; tacitly, they were deprived of their legitime; neither were they expressly disinherited. The will in question is a complete nullity.

ART. 854. The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator, shall annul the institution of heir; but the devises and legacies shall be valid insofar as they are not inofficious.

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