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    Municipality of Magallon Et Al v. Bezore

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    AntonJohnVincentFrias
    The Municipalities of Magallon filed a petition for escheat proceedings for the estates and properties of Anne Fallon Murphy, Thomas Fallon, and Julia Fallon since they believed the individuals died without heirs. Ignatius Bezore filed an opposition claiming to be a nephew of the decedents. The court denied the petition for escheat since Thomas was found to have an heir and Anne left a will. However, the court also denied Bezore's claim due to insufficient evidence. On appeal, the court ruled that the lower court did not have the authority to settle the estate, as the initial proceedings were only for escheat, not distribution, and thus could not convert to distribute the properties

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    Municipality of Magallon Et Al v. Bezore

    Uploaded by

    AntonJohnVincentFrias
    318 views1 page
    The Municipalities of Magallon filed a petition for escheat proceedings for the estates and properties of Anne Fallon Murphy, Thomas Fallon, and Julia Fallon since they believed the individuals died without heirs. Ignatius Bezore filed an opposition claiming to be a nephew of the decedents. The court denied the petition for escheat since Thomas was found to have an heir and Anne left a will. However, the court also denied Bezore's claim due to insufficient evidence. On appeal, the court ruled that the lower court did not have the authority to settle the estate, as the initial proceedings were only for escheat, not distribution, and thus could not convert to distribute the properties

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    The Municipalities of Magallon filed a petition for escheat proceedings for the estates and properties of Anne Fallon Murphy, Thomas Fallon, and Julia Fallon since they believed the individuals died without heirs. Ignatius Bezore filed an opposition claiming to be a nephew of the decedents. The court denied the petition for escheat since Thomas was found to have an heir and Anne left a will. However, the court also denied Bezore's claim due to insufficient evidence. On appeal, the court ruled that the lower court did not have the authority to settle the estate, as the initial proceedings were only for escheat, not distribution, and thus could not convert to distribute the properties

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    318 views1 page

    Municipality of Magallon Et Al v. Bezore

    Uploaded by

    AntonJohnVincentFrias
    The Municipalities of Magallon filed a petition for escheat proceedings for the estates and properties of Anne Fallon Murphy, Thomas Fallon, and Julia Fallon since they believed the individuals died without heirs. Ignatius Bezore filed an opposition claiming to be a nephew of the decedents. The court denied the petition for escheat since Thomas was found to have an heir and Anne left a will. However, the court also denied Bezore's claim due to insufficient evidence. On appeal, the court ruled that the lower court did not have the authority to settle the estate, as the initial proceedings were only for escheat, not distribution, and thus could not convert to distribute the properties

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    Municipality of Magallon et al v.

    Bezore
    GR L-14157, Oct. 20, 1960

    Facts:
    The Municipalities of Magallon, et. al. instituted estate proceedings in the CFI of Negros
    Occidental for the estates of the deceased Anne Fallon Murphy, Thomas Fallon (married to Julia
    Fallon) of their various real properties (agricultural & residential) as well as rental deposits with WBC
    Ltd. for the benefit of said municipalities. The CFI judge found the petition to be in order and ordered
    the publication for escheat proceedings and the hearing to be set.
    The petition for escheat was instituted since the municipalities believed that Anne, Thomas, and
    Julia had died without heirs. They all died in California on different dates.
    An opposition to the escheat proceedings was filed by Ignatius Bezore et. al. He claims that he
    is a nephew of the decedents because his mother was their sister. Others also claimed to be legatees of
    Anne and other relatives in the case at bar. All oppositors are praying that the petition for escheat be
    dismissed and that the properties of the decedent be distributed among them.
    The CFI, after uncovering that Thomas died with an heir (his wife) and Anne died leaving a will
    (in which she disposed of all her properties), denied the petition for escheat proceedings of the
    municipalities. However, the prayers of the opppositors were denied since the evidence they submitted
    was insufficient to sustain their claims. As a response, the oppositors appealed said decision.

    Issue: Whether or not the CFI judge had authority to settle the estate of the deceased parties in favor of
    the oppositors.

    Ruling:
    No.

    The initial proceedings were in the nature of escheat proceedings and NOT for the settlement of
    the estate of deceased persons.

    Since the CFI acquired jurisdiction by way of the publication of the petition for escheat, it
    CANNOT be converted into one for the distribution of the properties of the said decedents. For such
    proceedings to be instituted, the proper parties must be presented and the proceedings should comply
    with the requirements of the necessary rule.

    Therefore, the CFI did not have any power to order, or to proceed with the distribution of the
    estates of the decedents in these escheat proceedings, and adjudicate the properties to the oppositors.

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