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  • Ferrer v. de Inchausti

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    Ikko Esporna
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    Rafael and Maria Angeline filed a complaint arguing their mother, Rosa Matilde, had the right to inherit from Isabel Gonzalez as one of her children. They claimed Rosa Matilde was the legitimate child of Isabel Gonzalez and his first husband. The court ruled the testimony of Joaquin Jose de Inchausti, referring to now deceased Ramon Martinez Viademonte, was admissible to prove Rosa Matilde was not a child of Isabel Gonzalez, as she was born in 1852 after Gonzalez's first marriage ended in 1836 upon the death of her first husband.

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    Ferrer v. De Inchausti

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    Rafael and Maria Angeline filed a complaint arguing their mother, Rosa Matilde, had the right to inherit from Isabel Gonzalez as one of her children. They claimed Rosa Matilde was the legitimate child of Isabel Gonzalez and his first husband. The court ruled the testimony of Joaquin Jose de Inchausti, referring to now deceased Ramon Martinez Viademonte, was admissible to prove Rosa Matilde was not a child of Isabel Gonzalez, as she was born in 1852 after Gonzalez's first marriage ended in 1836 upon the death of her first husband.

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    © All Rights Reserved
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    19 views1 page

    Ferrer v. de Inchausti

    Uploaded by

    Ikko Esporna
    Rafael and Maria Angeline filed a complaint arguing their mother, Rosa Matilde, had the right to inherit from Isabel Gonzalez as one of her children. They claimed Rosa Matilde was the legitimate child of Isabel Gonzalez and his first husband. The court ruled the testimony of Joaquin Jose de Inchausti, referring to now deceased Ramon Martinez Viademonte, was admissible to prove Rosa Matilde was not a child of Isabel Gonzalez, as she was born in 1852 after Gonzalez's first marriage ended in 1836 upon the death of her first husband.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    Ferrer v.

    De Inchausti

    Facts:

    Plaintiffs Rafael and Maria Angeline filed a complaint praying for the declaration that their mother, Rosa
    Matilde, had the right to succeed from the inheritance left by Isabel Gonzalez in the same capacity as of
    the latter’s other four children. Plaintiffs mainly allege that Rosa Matilde is a legitimate child of Isabel
    Gonzalez from his first husband.

    Issue:

    Whether defendant’s testimony may be used to prove Rosa Matilde’s lack of filiation to Isabel Gonzalez.

    Ruling: YES.

    In view of the fact that Ramon Martinez Viademonte is now dead, the testimony of Joaquin Jose de
    Inchausti referring to the said deceased is admissible, for they are members of the same family,  in
    accordance with the provisions of section 281 of Act No. 190, and consequently, the conclusion is that
    Rosa Matilde is the same Rosa Matilde Robles which is mentioned in Exhibit 6 and because she was born
    in 1852, in no manner could her be legitimate daughter of Ramon Viademonte and Isabel Gonzalez
    whose marriage was dissolved in 1836 by the death of the husband.

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