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30. Advincula v.

Teodoro executor therein, if he is competent, accepts the trusts, and


gives bond as required by these rules.”
Topic: Revocation of Administration, Death, Resignation, and 2. A discovery of a will and testament of a deceased, after the
Removal of Executors and Administrators - Rule 82 appointment of an administrator of the estate, with the
assumption that he or she had died intestate, does not
Doctrine: automatically nullify the letters of administration already
Discovery of a will after the appointment of an executor will not issued. Rule 83 Sec 1 requires first the will to be proved and
automatically nullify the letters of administration until the will is allowed in court:
"If after letters of administration have been granted on
proven or allowed in court the estate of a decedent as if he had died intestate, his will is
proved and allowed by the court, the letters of administration
Facts: shall be revoked and all powers thereunder cease, and the
1. Petitioner, Emilio Advincula, was appointed, special administrator shall forthwith surrender the letters to the
administrator of the estate of deceased wife, Josefa Lacson court…”
Advincula and later as regular administrator of said estate 3. The motion to change of administrator was justified on
2. Later, the brother of deceased submitted a document grounds that he is "incompetent, incapable and unsuitable to
purporting to be Josefa’s will and that respondent, Enrique the discharge of the trust, because he is foreign to the
Lacson, should be appointed administrator to the proceeding estate”of the deceased but It is untenable from the
3. Emilio opposed the will stating viewpoint of logic and experience, because a stranger to a
a. No signature of the deceased deceased may also be competent, capable and fit to
b. It was secured through fraud and duress administer her estate, the same way as a member of her
c. instrument was not executed with the required immediate family. Either ways, he is not a stranger because
formalities he is her surviving spouse hence is one of the heirs to her
4. Respondent Lacson submit an amended motion for change estate
of administrator stating: 4. Lastly, Advincula has not been found guilty of any of the legal
“That the present administrator is incompetent, grounds under Rule 83, section 2, of the Rules of Court, for
incapable and unsuitable to the discharge of the trust, he being the removal of an executor or administrator.
foreign to the estate, and without changing or removing him as
such would be disastrous to the estate and to the heirs named in Rulling: Wherefore the orders of respondent Judge are reversed,
the will of the decedent."
and the writ of preliminary injunction issued in this case hereby
5. Respondent LC held: granted the motion revoking Emilio’s
made permanent, with costs against respondent Enrique A. Lacson
appointment as administrator.
Issue:
Held:
1. The appointment of Lacson in the will can’t be enforced until
the will is allowed for probate as stated in Rule 79 Sec 4:
"When a will has been proved and allowed, the court
shall issue letters testamentary thereon to the person named as