Capistrano, et al. v. Nadurata, et al.

G.R. No. L-18754, September 26, 1922

FACTS:
Petitioner-appellees, Guillerma Capistrano, et al., instituted a proceeding
praying that Justo Buera be appointed as administrator of the estate of the
deceased Petra de los Santos. But appellants Pedro and Juan de los Santos
claiming to be the nearest relatives of the deceased opposed the application
along with Leon Nadurata who asserts to be the surviving spouse of the
deceased.
The lower court decided the case in favor of the Capistranos and declared
that Pedro de los Santos, Juan de los Santos, and Leon Nadurata, are not what
they claim to be in relation to the deceased.

ISSUE:
Whether or not the appointment of Justo Buera as administrator of the
estate of the deceased Petra de los Santos is valid.

RULING:
Yes, the appointment of Justo Buera as the administrator of the estate of
Petra de los Santos is valid.
It is a settled rule that the selection of an administrator of the estate of a
deceased is within the discretion of the court. In the absence of any showing that
the lower court committed grave abuse of discretion, said appointment is held to
be valid. Thus, in the instant case, the lower court acted within its discretion in
granting the appointment of Justo Buera as the administrator of the estate of the
deceased Petra de los Santos and there was no proof of abuse of discretion on
its part.
On the other hand, the declaration of the heirs made by the lower court is
premature considering that the estate was not yet judicially opened and the
proceeding was not yet in the stage of distribution which must come, however,
after the liquidation of the inheritance.
WHEREFORE, except as regards the declaration of heirs which is found
to be premature, the ruling appealed from is affirmed in all other respects, with
costs against appellants.