Posts Tagged ‘Linart vs. Ugarte’

Linart vs. Ugarte

G.R. No. L-2599, October 27, 1905 – Leo

 

Facts:

Ramon Iturralde y Gonzalez having died intestate on the 28th of December, 1900, Maria Juana Ugarte e Iturralde asked that she be judicially declared the legitimate heir of the deceased.

There being no legitimate heirs to the estate either in the direct ascendant or descendant line of succession, the petitioner presented herself as a collateral  descendant, that is to say, as the legitimate niece of the deceased.

However, Carmen Linart, through her guardian, Rafaela Pavia, claimed one-half of all of the estate of the deceased, Ramon Iturralde y Gonzalez, and asked at the same time that Maria Juana Ugarte e Iturralde, who had been declared the lawful heir of the deceased.

The father of the petitioner was in the same collateral degree of succession as Maria Juana Ugarte e Iturralde. Pablo Linart, the father of Carmen Linart, was the legitimate son of Maria Josefa Iturralde y Gonzalez, another sister of Ramon Iturralde y Gonzalez

The court below on the 24th of February, 1905, entered judgment declaring that the petitioner had the same right to participate in the inheritance as had Maria Juana Ugarte e Iturralde, and ordered the latter to render an account of the estate, enjoining her, at the same time, from disposing of any part thereof until such accounting had been made and the estate distributed.

 

Issue:

Who has better right over the estate of Ramon Iturralde y Gonzalez.

 

Held:

The High Court reverse the decision of the lower court and held that Carmen Linart has no right to succeed the deceased with said Maria Juana Ugarte e Iturralde, who was once declared to be the lawful heir, and who is now in possession of the estate, as to whom we hereby dissolve the injunction issued from the Court of First Instance, following the rule that the relative nearest in degree excludes those more distant, with the exception of the right of representation in proper cases (art. 921, par. 1 of the Civil Code); and  that the right of representation in the collateral line shall take place only in favor of children of brothers or sisters whether they be of whole or half blood (art. 925, par. 2).

The error which the appellant claims was committed in the court below is very clearly shown. The court below held that the grandniece was entitled to the same share of the estate that the niece was entitled to, when, as a matter of law, the right of representation in the collateral line can only take place in favor of the children of brothers or sisters of the intestate, and the plaintiff in this case is not a daughter of one of the sisters of the deceased. G.R. No. L-18753             1965 -03-26

 

 

 

 

 

 

 

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