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  • Atp Digests (Trusts 7-10)

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    Ched Perez
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    atp digests (trusts 7-10)

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    3 views6 pages

    Atp Digests (Trusts 7-10)

    Uploaded by

    Ched Perez

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 6
    te : oa earP cat OF HRuir_sicter Feleitacton Cacanando, who predeceased them, Lide Ay li ve Gourd op Appeal a —____GRNo. N49} June 30,1999 - = = ae December 10, Nicolasa Vileia passed away, ileal _by her mst 04. Tail ded sgl, tevin by fir blot Lape ranando, and Hy hairs ap Huir our sicker dotpina. Anchela, who Ukeaiice rer deccased, item, Redelpo Mrcheto, Eerllar Anchehn ands Carmen Nicolahura. La, Feb. ol He _ hairs Sf Rosaida and Nicaea Vilwria filed an action por parktiw with He RIC Hela Woien agniat Huir op-hir Rupero. The Wirs claim that dwring He Uipehine op Nivolasa and Rocaida Hay were, (o-twnsre inv equal chares andy pro- indivicd wilt, Ruperto So cemmerciel Wot ard an rehard: Apter Nicolae ond Rovaida died, Ruperto alleged that Hu two to-hurt sold the commercial Ut fo him by virbt ap a deed op colt ehe-_ uke in Augat 1auS.and, negickered, in fhe Depice op He Register of Deeds while He hairs ap clocepina cold, and telinguished ty hem all thir clains and, Cwhurchup over fy commercial lat: Rupert gurthur alleged that he orchard came, fo his powsewion when Nicolara cold pp him hw chore o fle land anc He ancestral howe dandling Heron by vir d¢ a privat agreement written, in lleeono in 1918- SOU: WON the 14S Deed of Sale or the Commercial lot wad mat an express trust and mot aw true omleyonce 5p fhe real properly. HELD : The Comt huld Hat He IMU decd of cole was in fact an tepres frst ond mw actual convey ance, took_place. The porties in He came freely gave their to He decd of sale intended the came fy be & frst agree behucee them and rat alienation op He property in Utigation.- by Ru prevent admitting fe frust anol assuring his siters Nicola anc Rosaida as privale” respondents that thay niall remain at co-owners, on tepress trust > Deceased, owners, Nicolara and Roseuda, dic rot relinguuck their RE IS eae OF owntrthip over the commercial Wot bud cmbaucd to cxercie’ ack. oF adminicrohn and dominion over it. The property comtinmed fo form part oF Hair ectabo and dewolved upon ftir demise or heir heire FERRE é - ORIONS: "ity 2 2 4- —— a 4 ieee Gen op dyes a — S30 SCRA SNF (2000) 7 oe a ding bs lipehatc, Felipe, tured a parcel of land, afrateel of Estancia, ibe, Cop. Felipe the folowing legitimate children : Finplicio, Berit, Lem. ———Nicelase, Gutagio, Camila, Fausto, and fedro, Upen Felipe's death, purcrckip Of ———He_land wns patted on to his children. Inv 1962, Pedro, ont of te children oF Mipe gut his shane equivalent fo Vu op te with on arta OF mbt 1,905 mare re ry —nekers_and had it declared, under hit pame purruont fr Tat Declaration No. 02S. The remaining undivided portion o Hw [arc was hall in, frst by Leo per Com Mure. During leew lipetine, hit_co-huire made Cereal searmable and lawpul demands wpe him fy tubdiide ard poctibion Hu property, but per om reason or anwiher, no wbdiviion trok place. Ipler He death o¢ Leen in Aagest (972, private Wapenderts diccovered hat He chores of four af He hurs up Felipe was purchased = ley Leen. In Juby 970, Leon executed a tale anc partition or Hu property in > Favor op hit Gwar children. zis Issug: WON Hu Deco of Gale wo uncnporceable against Hy private respondentc per bung an unauthorited _couract. = HELD: The Guprene Court aggirmed He ruling of He CA in declaring the deed op Gale wnergercable ow He childrens op Maria. Bolfarr. As coecHly printed out by Ke Ch, haw was ho question as fo ihe tale op He chores ae Simplicio, Nicolada, anol = Fausto fo their brother Leon. Put rot so with Maria Baltazar concerning He =) hare of hur lake hurkond fy leon. Under fy [aw Hen prevailing at He time ~ OF the demise of hur

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