CASE FACTS ISSUES RULING

American citizens, spouses Audrey O’Neill and W.

Richard Guersey, were residents in the Philippines for
30 years.  They have an adopted daughter, Kyle
Guersey Hill (Kyle). Audrey died in 1979 leaving a will
wherein she bequeathed her entire estate to Richard
consisting of her conjugal share in real estate in
Forbes Park, a bank account, cash balance and
shares of stock in A/G Interiors.

Two years later, Richard married Candelaria Guersey-

Dalaygon. Four years thereafter, Richard died and left
Topic: Article 16
a will wherein he bequeathed his entire estate to
Candelaria, except for his shares in A/G, which he left
Ancheta
to his adopted daughter. Audrey’s will was admitted to
probate in CFI Rizal. Inventory was taken on their
vs.
conjugal properties. Ancheta, as the administrator,
filed for a partition of the first wife’s estate. The will
was also admitted in a court in her native land
Guersey-Dalygon (Maryland).
1) W O N the
1. Yes, properties in issue should be governed by the law where the property is situated.
properties in issue
should be governed by
However, since the first wife is a foreign national, the intrinsic validity of her will is governed by her
the law where the
property is situated. national law. The national law of the person who made the will shall regulate whose succession is in
consideration whatever the nature of the property and regardless of the country where the property
maybe found (Art 16 CC). The first wife’s properties may be found in the Philippines, however the
successional rights over those properties are governed by the national law of the testator.

Petitioner, as ancillary administrator in the court where

G.R. No. 139868 Audrey’s will was admitted to probate, filed a motion to
declare Richard and Kyle as heirs of Audrey and a
project of partition of Audrey’s estate. The motion and
project of partition were granted.
June 8, 2006
Meanwhile, the ancillary administrator with regards to
Richard’s will also filed a project of partition, leaving
2/5 of Richard’s undivided interest in the Forbes
property was allocated to respondent Candelaria,
while 3/5 thereof was allocated to their three children.
Respondent opposed on the ground that under the law
of the State of Maryland, where Richard was a native
of, a legacy passes to the legatee the entire interest of
the testator in the property subject to the legacy.