conflicts of law full text

7/23/2019 Conflicts of Law Full Text

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G.R. No. L-32636 March 17, 1930

In the matter Estate of Edward Rando!h "#$, deceased.

%.&. 'L(EMER, petitioner-appellant,

vs.

%NNIE )*(+"ING "I,oppositor-appellee.

C.A. Sobral for appellant.

Harvey & O' Brien and Gibbs & McDonoug for appellee.

M%L)*LM,J.:

The special administrator of the estate of Edward Randolph Hix appeals from a decision of Judge of First

Instance Tuason dening the pro!ate of the document alleged to ! the last will and testament of the deceased.

"ppellee is not authori#ed to carr on this appeal. $e thin%, however, that the appellant, who appears to have

!een the moving part in these proceedings, was a &person interested in the allowance or disallowance of a will

! a 'ourt of First Instance,& and so should !e permitted to appeal to the (upreme 'ourt from the disallowanceof the will )'ode of 'ivil *rocedure, sec. +, as amended /illanueva vs. 0e 1eon 23456, 74 *hil., +89.

It is theor of the petitioner that the alleged will was executed in El%ins, $est /irginia, on :ovem!er ;, 345,

! Hix who had his residence in that ut this was

far from a compliance with the law. The laws of a foreign


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cler% of Randolph 'ountr, (tate of $est /irginia, in vacation, and was dul proven ! the oaths of 0ana

$amsle and Joseph 1. B"dden, the su!scri!ing witnesses thereto , and ordered to !e recorded and filed. It

was shown ! another document that, in vacation, on June , 343, the cler% of court of Randolph 'ountr,

$est /irginia, appointed 'laude $. Baxwell as administrator, cu! testa!ento anne"o, of the estate of Edward

Randolph Hix, deceased. In this connection, it is to !e noted that the application for the pro!ate of the will in

the *hilippines was filed on Fe!ruar 48, 343, while the proceedings in $est /irginia appear to have !eeninitiated on June , 343. These facts are strongl indicative of an intention to ma%e the *hilippines the

principal administration and $est /irginia the ancillar administration. However this ma !e, no attempt has

!een made to compl with 'ivil *rocedure, for no hearing on the @uestion of the allowance of a will said to

have !een proved and allowed in $est /irginia has !een re@uested. There is no showing that the deceased left

an propert at an place other than the *hilippine Islands and no contention that he left an in $est /irginia.

Reference has !een made ! the parties to a divorce purported to have !een awarded Edward Randolph Hix

from "nnie 'ousins Hix on Acto!er , 345, in the (tate of $est specific pronouncements on the validit or

validit of this alleged divorce.

For all of the foregoing, the rimo is in @uestion in this case.

The


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partition and the deliver of the deceaseds !usiness to *ietro 1an#a until the receipt of the depositions

re@uested in reference to the Tur%ish laws.

The appellants opposition is !ased on the fact that the partition in @uestion puts into effect the provisions of

Joseph C. >rimos will which are not in accordance with the laws of his Tur%ish nationalit, for which reason

the are void as !eing in violation or article 8 of the 'ivil 'ode which, among other things, provides thefollowingD

:evertheless, legal and testamentar successions, in respect to the order of succession as well as to the

amount of the successional rights and the intrinsic validit of their provisions, shall !e regulated !

the national law of the person whose succession is in @uestion, whatever ma !e the nature of the

propert or the countr in which it ma !e situated.

>ut the fact is that the oppositor did not prove that said testimentar dispositions are not in accordance with the

Tur%ish laws, inasmuch as he did not present an evidence showing what the Tur%ish laws are on the matter,

and in the a!sence of evidence on such laws, the are presumed to !e the same as those of the *hilippines.

)1im and 1im vs. 'ollector of 'ustoms, ;= *hil., 7+4.9

It has not !een proved in these proceedings what the Tur%ish laws are. He, himself, ac%nowledges it when he

desires to !e given an opportunit to present evidence on this point so much so that he assigns as an error of

the court in not having deferred the approval of the scheme of partition until the receipt of certain testimon

re@uested regarding the Tur%ish laws on the matter.

The refusal to give the oppositor another opportunit to prove such laws does not constitute an error. It is

discretionar with the trial court, and, ta%ing into consideration that the oppositor was granted ample

opportunit to introduce competent evidence, we find no a!use of discretion on the part of the court in this

particular. There is, therefore, no evidence in the record that the national law of the testator Joseph C. >rimo

was violated in the testamentar dispositions in @uestion which, not !eing contrar to our laws in force, must!e complied with and executed. la*pil.net

Therefore, the approval of the scheme of partition in this respect was not erroneous.

In regard to the first assignment of error which deals with the exclusion of the herein appellant as a legatee,

inasmuch as he is one of the persons designated as such in will, it must !e ta%en into consideration that such

exclusion is !ased on the last part of the second clause of the will, which sasD

(econd. I li%e desire to state that although ! law, I am a Tur%ish citi#en, this citi#enship having !een

conferred upon me ! con@uest and not ! free choice, nor ! nationalit and, on the other hand,

having resided for a considera!le length of time in the *hilippine Islands where I succeeded inac@uiring all of the propert that I now possess, it is m wish that the distri!ution of m propert and

everthing in connection with this, m will, !e made and disposed of in accordance with the laws in

force in the *hilippine islands, re@uesting all of m relatives to respect this wish, otherwise, I annul

and cancel !eforehand whatever disposition found in this will favora!le to the person or persons who

fail to compl with this re@uest.


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The institution of legatees in this will is conditional, and the condition is that the instituted legatees must

respect the testators will to distri!ute his propert, not in accordance with the laws of his nationalit, !ut in

accordance with the laws of the *hilippines.

If this condition as it is expressed were legal and valid, an legatee who fails to compl with it, as the herein

oppositor who, ! his attitude in these proceedings has not respected the will of the testator, as expressed, isprevented from receiving his legac.

The fact is, however, that the said condition is void, !eing contrar to law, for article +34 of the civil 'ode

provides the followingD

Impossi!le conditions and those contrar to law or good morals shall !e considered as not imposed

and shall not pre


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. (unta. The value of the estate left ! the deceased ismore than *58,888.

An 7 Ba 3;7 Jose >. (unta, a Filipino citi#en and resident of the *hilippines, died in the cit of "mo,Foo%ien province, Repu!lic of 'hina, leaving real and personal properties in the *hilippines and a house in"mo, Foo%ien province, 'hina, and children ! the first marriage had with the late Banuela T. 'ru# namel,"polonio, 'oncepcion, "ngel, Banuel, Federico, "na, "urora, Emiliano, and Jose, Jr. and a child named(ilvino ! the second marriage had with Baria :atividad 1im >illian who survived him. Intestate proceedingswere instituted in the 'ourt of First Instance of >ulacan )special proceedings :o. 7349 and after hearingletters of administration were issued to "polonio (unta. "fter the latters death Federico '. (unta wasappointed administrator of the estate. An 5 Acto!er 3;7 the surviving widow filed a petition in the 'ourt ofFirst Instance of >ulacan for the pro!ate of a last will and testament claimed to have !een executed and signedin the *hilippines on :ovem!er 343 ! the late Jose >. (unta. This petition was denied !ecause of the lossof said will after the filing of the petition and !efore the hearing thereof and of the insufficienc of the

evidence to esta!lish the loss of the said will. "n appeal was ta%en from said order dening the pro!ate of thewill and this 'ourt held the evidence !efore the pro!ate court sufficient to prove the loss of the will andremanded the case to the 'ourt of First Instance of >ulacan for the further proceedings )=; *hil., +3;9. In spiteof the fact that a commission from the pro!ate court was issued on 47 "pril 3;+ for the ta%ing of thedeposition of Co Toh, an attesting witness to the will, on + Fe!ruar 3; the pro!ate court denied a motionfor continuance of the hearing sent ! ca!legram from 'hina ! the surviving widow and dismissed the

petition. In the meantime the *acific $ar supervened. "fter li!eration, claiming that he had found among thefiles, records and documents of his late father a will and testament in 'hinese characters executed and signed

! the deceased on 7 Januar 3; and that the same was filed, recorded and pro!ated in the "mo districtcourt, *rovince of Foo%ien, 'hina, (ilvino (unta filed a petition in the intestate proceedings praing for the

pro!ate of the will executed in the *hilippines on :ovem!er 343 )Exhi!it >9 or of the will executed in "mo,Foo%ien, 'hina, on 7 Januar 3; )Exhi!it :9.

There is no merit in the contention that the petitioner (ilvino (unta and his mother Baria :atividad 1im>illian are estopped from as%ing for the pro!ate of the lost will or of the foreign will !ecause of the transfer orassignment of their share right, title and interest in the estate of the late Jose >. (unta to Jose C. Cutierre# andthe spouses Ricardo Cutierre# and /ictoria CoGo and the su!se@uent assignment thereof ! the assignees toFrancisco *ascual and ! the latter to Federico '. (unta, for the validit and legalit of such assignmentscannot !e threshed out in this proceedings which is concerned onl with the pro!ate of the will and testamentexecuted in the *hilippines on :ovem!er 343 or of the foreign will allegedl executed in "mo on 7 Januar3; and claimed to have !een pro!ated in the municipal district court of "mo, Foo%ien province, Repu!licof 'hina.

"s to prescription, the dismissal of the petition for pro!ate of the will on + Fe!ruar 3; was no !ar to thefiling of this petition on June 37+, or !efore the expiration of ten ears.

"s to the lost will, section =, Rule ++, providesD

:o will shall !e proved as a lost or destroed will unless the execution and validit of the same !eesta!lished, and the will is proved to have !een in existence at the time of the death of the testator, oris shown to have !een fraudulentl or accidentall destroed in the lifetime of the testator without his%nowledge, nor unless its provisions are clearl and distinctl proved ! at least two credi!lewitnesses. $hen a lost will is proved, the provisions thereof must !e distinctl stated and certified !


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the . (unta at the !ottom of the will and each andever page thereof in the presence of "l!erto >arretto, Banuel 1ope# and himself and underneath the testatorssignature the attesting witnesses signed and each of them signed the attestation clause and each and ever pageof the will in the presence of the testator and of the other witnesses )answers to the ;st, 7st, 74nd, 73th, 58th,55th and =;rd interrogatories, Exhi!it 0-9, !ut did not ta%e part in the drafting thereof )answer to the thinterrogator,,d.9 that he %new the contents of the will written in (panish although he %new ver little of thatlanguage )answers to the 44nd and 4;rd interrogatories and to -4 cross-interrogator,,d.9 and all he %nowsa!out the contends of the lost will was revealed to him ! Jose >. (unta at the time it was executed )answersto the 45th interrogator and to -7 and - cross-interrogatories,,d.9 that Jose >. (unta told him that thecontents thereof are the same as those of the draft )Exhi!it >9 )answers to the ;;rd interrogator and to -cross-interrogator, ,d.9 which he saw in the office of "l!erto >arretto in :ovem!er 343 when the will wassigned )answers to the =3th, +4nd, and +7th interrogatories,,d9 that "l!erto >arretto handed the draft and saidto Jose >. (untaD &ou had !etter see if ou want an correction& )answers to the st, 4nd and ;rdinterrogatories,,d.9 that &after chec%ing Jose >. (unta put the &Exhi!it >& in his poc%et and had the originalsigned and executed& )answers to the 3st interrogator, and to - cross-interrogator, ,d.9 that Brs. (untahad the draft of the will )Exhi!it >9 translated into 'hinese and he read the translation )answers to the =+thinterrogator,,d.9 that he did not read the will and did not compare it )chec% it up9 with the draft )Exhi!it >9)answers to -= and -48 cross-interrogatories,,d.9.

"na (unta testifies that sometime in (eptem!er 3;7 in the house of her !rother "polonio (unta she learnedthat her father left a will &!ecause of the arrival of m !rother Banuel (unta, who was !ringing along withhim certain document and he told us or he was telling us that it was the will of our father Jose >. (unta whichwas ta%en from Co Toh. ...& )p. 547, t. s. n., hearing of 47 Fe!ruar 379 that she saw her !rother "polonio(unta read the document in her presence and of Banuel and learned of the ad


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"lthough "na (unta would !e a good witness !ecause she was testifing against her own interest, still thefact remains that she did not read the whole will !ut onl the ad in the office of "l!erto >arretto in :ovem!er 343 when thewill was signed, then the part of his testimon that "l!erto >arretto handed the draft to Jose >. (unta towhom he saidD &ou had !etter see if ou want an correction& and that &after chec%ing Jose >. (unta put the&Exhi!it >& in his poc%et and had the original signed and executed& cannot !e true, for it was not the time forcorrecting the draft of the will, !ecause it must have !een corrected !efore and all corrections and additionswritten in lead pencil must have !een inserted and copied in the final draft of the will which was signed on thatoccasion. The !ringing in for the draft )Exhi!it >9 on that occasion is . (unta& )pp. ;33, 787, t. s. n.,,d.9 that after the signing


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of the will it was placed inside the envelope )Exhi!it "9 together with an inventor of the properties of Jose >.(unta and the envelope was sealed ! the signatures of the testator and the attesting witnesses )pp. ;3, 78,77, 77;, 7=, t. s. n.,,d.9 that he again saw the envelope )Exhi!it "9 in his house one (aturda in the later

part of "ugust 3;7, !rought ! Co Toh and it was then in perfect condition )pp. 785-=, 7, 778-4, t. s.n.,,d.9 that on the following Bonda Co Toh went to his law office !ringing along with him the envelope)Exhi!it "9 in the same condition that he told Co Toh that he would charge *45,888 as fee for pro!ating the

will )pp. 78=, 778-4,,d.9 that Co Toh did not leave the envelope )Exhi!it "9 either in his house or in his lawoffice )p. 78+, t. s. n.,,d.9 that Co Toh said he wanted to %eep it and on no occasion did Co Toh leave it to him)pp. 783, 78, t. s. n.,,d.9.

The testimon of Co Toh ta%en and heard ! "ssistant Fiscal F. >. "l!ert in connection with the complaint forestafa filed against Banuel (unta for the alleged snatching of the envelope )Exhi!it "9, corro!orates thetestimon of "l!erto >arretto to the effect that onl one will was signed ! Jose >. (unta at his office inwhich he )"l!erto >arretto9, Banuel 1ope# and Co Toh too% part as attesting witnesses )p. 5, t. s. n., Exhi!it=9. Co Toh testified !efore the same assistant fiscal that he did not leave the will in the hands of "nastacioTeodoro )p. 4=, t. s. n., Exhi!it =9. He said, @uoting his own words, &>ecause I can not give him this envelopeeven though the contract )on fees9 was signed. I have to !ring that document to court or to anwhere elsemself.& )p. 4+, t. s. n., Exhi!it =9.

"s to the will claimed to have !een executed on 7 Januar 3; in "mo, 'hina, the law on the point in Rule+. (ection of the rule providesD

$ills proved and allowed in a foreign countr, according to the laws of such countr, ma !e allowed,filed, and recorded ! the proper 'ourt of First Instance in the *hilippines.

(ection 4 providesD

$hen a cop of such will and the allowance thereof, dul authenticated, is filed with a petition forallowance in the *hilippines, ! the executor or other person interested, in the court having


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the a deposition or to a perpetuation of testimon, and even if it were so it does not measure same as thoseprovided for in our laws on the su!


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In :ovem!er 354, 1innie Jane Hodges, an "merican citi#en from Texas made a will. In Ba 35+,

while she was domiciled here in the *hilippines )Iloilo 'it9, she died.

In her will, she left all her estate in favor of her hus!and, 'harles :ewton Hodges. 1innie however

also stated in her will that should her hus!and later die, said estate shall !e turned over to her !rother

and sister.

In 0ecem!er 3=4, 'harles died )it appears he was also domiciled here9. "tt. 1eon Cellada, the

lawer of 'harles filed a motion !efore the pro!ate court )there was an ongoing pro!ate on the will

of 1innie9 so that a certain "velina Bagno ma !e appointed as the administratrix of the estate.

Bagno was the trusted emploee of the Hodges when the were alive. "tt. Cellada manifested that

'harles himself left a will !ut the same was in an iron trun% in 'harles office. Hence, in the

meantime, hed li%e to have Bagno appointed as administratrix. Judge /enicio Escolin approved the

motion.

1ater, 'harles will was found and so a new petition for pro!ate was filed for the said will. (ince said

will !asicall covers the same estate, Bagno, as admininistratrix of 1innies estate opposed the said

petition. Eventuall, the pro!ate of 'harles will was granted. Eventuall still, the *hilippine

'ommercial and Industrial >an% was appointed as administrator. >ut Bagno refused to turn over the

estate.

Bagno contended that in her will, 1innie wanted 'harles to turn over the propert to 1innies !rother

and sister and since that is her will, the same must !e respected. Bagno also contended that 1innie

was a Texan at the time of her death )an alien testator9 that under "rticle = of the 'ivil 'ode,successional rights are governed ! 1innies national law that under Texas law, 1innies will shall !e

respected regardless of the presence of legitimes )'harles share in the estate9.

*'I> argued that the law of Texas refers the matter !ac% to *hilippine laws !ecause 1innie was

domiciled outside Texas at the time of her death )appling the renvoidoctrine9.

I++(E: $hether or not Texas 1aw should appl.

"EL4:The (upreme 'ourt remanded the case !ac% to the lower court. >oth parties failed to adduce

proof as to the law of Texas. The (upreme 'ourt held that for what the Texas law is on the matter, isa @uestion of fact to !e resolved ! the evidence that would !e presented in the pro!ate court. The

(upreme 'ourt however emphasi#ed that Texas law at the time of 1innies death is the law applica!le

)and not said law at an other time9. :ATED 0namics of law.


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G.R. Nos. L-2760 and L-2796 March 29, 197

+!.


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An Ba 4;, 35+, 1innie Jane Hodges died in Iloilo 'it leaving a will executed on :ovem!er 44, 354pertinentl providing as followsD

FIR(TD I direct that all m


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*reviousl, on Ba 4+, 35+, the said widower )hereafter to !e referred to as Hodges9 had !een appointed(pecial "dministrator, in which capacit he filed a motion on the same date as followsD

8G643 69(A36 MO3,O4 3O A))O: O A83HO,;6 63,3,O46 3O CO43,486

3H6 B8S,46SS ,4 :H,CH H6 :AS 64GAG6D A4D 3O 67OM AC3S :H,CH H6

HAD B664 DO,4G :H,)6 D6C6AS6D :AS ),#,4G

'ome petitioner in the a!ove-entitled special proceedings, thru his undersigned attornes, to the Hon. 'ourt,most respectfull statesD

. L That 1innie Jane Hodges died leaving her last will and testament, a cop of which isattached to the petition for pro!ate of the same.

4. L That in said last will and testament herein petitioner 'harles :ewton Hodges is directedto have the right to manage, control use and en


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BATIA: TA "**RA/E "11 ("1E(, 'A:/E":'E(, 1E"(E(, BARTC"CE( TH"TTHE EE'?TAR H"0 B"0E F?RTHER ":0 (?>(EM?E:T TR":("'TIA:($HI'H THE EE'?TAR B" 0A I: "''AR0":'E $ITH THE 1"(T $I(H AFTHE 0E'E"(E0 1I::IE J":E HA0CE(.

'omes the Executor in the a!ove-entitled proceedings, thru his undersigned attorne, to the

Hon. 'ourt, most respectfull statesD

. L That according to the last will and testament of the deceased 1innie Jane Hodges, theexecutor as the surviving spouse and legatee named in the will of the deceased has the rightto dispose of all the properties left ! the deceased, portion of which is @uoted as followsD

(econdD I give, devise and !e@ueath all of the rest, residue and remainder of m estate, !othpersonal and real, wherever situated, or located, to m !eloved hus!and, 'harles :ewtonHodges, to have and to hold unto him, m said hus!and, during his natural lifetime.

ThirdD I desire, direct and provide that m hus!and, 'harles :ewton Hodges, shall have theright to manage, control, use and en


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$HEREFARE, it is most respectfull praed that, all the sales, conveances, leases, andmortgages executed ! the Executor, !e approved ! the Hon. 'ourt, and also the su!se@uentsales, conveances, leases, and mortgages in consonance with the wishes of the deceasedcontained in her last will and testament, !e with authori#ation and approval of the Hon. 'ourt.

'it of Iloilo, 0ecem!er , 3=+.

)"nnex &C&, *etition.9

which again was promptl granted ! the respondent court on 0ecem!er 7, 35+ as followsD

O D 6

"s praed for ! "ttorne Cellada, counsel for the Executor for the reasons stated in hismotion dated 0ecem!er , 35+, which the 'ourt considers well ta%en all the sales,conveances, leases and mortgages of all properties left ! the deceased 1innie Jane Hodgesexecuted ! the Executor 'harles :. Hodges are here! "**RA/E0. The said Executor isfurther authori#ed to execute su!se@uent sales, conveances, leases and mortgages of the

properties left ! the said deceased 1innie Jane Hodges in consonance with the wishesconveed in the last will and testament of the latter.

(o ordered.

Iloilo 'it. 0ecem!er 7, 35+.

)"nnex &H&, *etition.9

An "pril 7, 353, in su!mitting his first statement of account as Executor for approval, Hodges allegedD

*ursuant to the provisions of the Rules of 'ourt, herein executor of the deceased, renders the

following account of his administration covering the period from Januar , 35 to0ecem!er ;, 35, which account ma !e found in detail in the individual income tax returnfiled for the estate of deceased 1innie Jane Hodges, to witD

That a certified pu!lic accountant has examined the statement of net worth of the estate of1innie Jane Hodges, the assets and lia!ilities, as well as the income and expenses, cop ofwhich is hereto attached and made integral part of this statement of account as "nnex &"&.

I: /IE$ AF THE FARECAI:C, it is most respectfull praed that, the statement of networth of the estate of 1innie Jane Hodges, the assets and lia!ilities, income and expenses asshown in the individual income tax return for the estate of the deceased and mar%ed as "nnex&"&, !e approved ! the Honora!le 'ourt, as su!stantial compliance with the re@uirements of

the Rules of 'ourt.

That no person interested in the *hilippines of the time and place of examining the hereinaccounts !e given notice, as herein executor is the onl devisee or legatee of the deceased, inaccordance with the last will and testament alread pro!ated ! the Honora!le court.

'it of Iloilo "pril 7, 353.

)"nnex &I&, *etition.9


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The respondent court approved this statement of account on "pril 4, 353 in its order worded thusD

?pon petition of "tt. Cellada, in representation of the Executor, the statement of net worthof the estate of 1innie Jane Hodges, assets and lia!ilities, income and expenses as shown inthe individual income tax return for the estate of the deceased and mar%ed as "nnex &"& isapproved.

(A AR0ERE0.

'it of Iloilo "pril 4, 353.

)"nnex &J&, *etition.9

His accounts for the periods Januar , 353 to 0ecem!er ;, 353 and Januar , 3=8 to 0ecem!er ;, 3=8were su!mitted li%ewise accompanied ! allegations identical !utatis !utandisto those of "pril 7, 353,@uoted a!ove and the respective orders approving the same, dated Jul ;8, 3=8 and Ba 4, 3=, weresu!stantiall identical to the a!ove-@uoted order of "pril 4, 353. In connection with the statements ofaccount rief.9

xxx xxx xxx

?nder date of "pril 48, 3=, '.:. Hodges filed his third &"nnual (tatement of "ccount !the Executor for the ear 3=8& of the estate of 1innie Jane Hodges. In the &(tatement of :et$orth of Br. '.:. Hodges and the Estate of 1innie Jane Hodges& as of 0ecem!er ;, 3=8annexed thereto, '.:. Hodges reported that the com!ined con


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*5+,74.3+, exactl one-half of the net income of his com!ined personal assets and that ofthe estate of 1innie Jane Hodges. )*p. 34-3;, "ppellees >rief.9

1i%ewise the followingD

In the petition for pro!ate that he )Hodges9 filed, he listed the seven !rothers and sisters of

1innie Jane as her &heirs& )see p. 4, Creen RA"9. The order of the court admitting the will topro!ate unfortunatel omitted one of the heirs, Ro Higdon )see p. 7, Creen RA"9.Immediatel, '.:. Hodges filed a verified motion to have Ro Higdons name included as anheir, stating that he wanted to straighten the records &in order the heirs of deceased RoHigdon ma not thin% or !elieve the were omitted, and that the were reall and areinterested in the estate of deceased 1innie Jane Hodges. .

"s an executor, he was !ound to file tax returns for the estate he was administering under"merican law. He did file such as estate tax return on "ugust , 35. In (chedule &B& ofsuch return, he answered &es& to the @uestion as to whether he was contemplating&renouncing the will&. An the @uestion as to what propert interests passed to him as thesurviving spouse, he answeredD

&:one, except for purposes of administering the Estate, paing de!ts, taxesand other legal charges. It is the intention of the surviving hus!and ofdeceased to distri!ute the remaining propert and interests of the deceased intheir 'ommunit estate to the devisees and legatees named in the will whenthe de!ts, lia!ilities, taxes and expenses of administration are finalldetermined and paid.&

"gain, on "ugust 3, 3=4, !arel four months !efore his death, he executed an &affidavit&wherein he ratified and confirmed all that he stated in (chedule &B& of his estate tax returnsas to his having renounced what was given him ! his wifes will. 1

"s appointed executor, '.:. Hodges filed an &Inventor& dated Ba 4, 35. He listed all theassets of his con


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. That in accordance with the 1ast $ill and Testament of 1innie Jane Hodges )deceased9, herhus!and, 'harles :ewton Hodges was to act as Executor, and in fact, in an order issued !this Hon. 'ourt dated June 4, 35+, the said 'harles :ewton Hodges was appointedExecutor and had performed the duties as such.

4. That last 0ecem!er 44, 3=4, the said 'harles :ewton Hodges was stric%en ill, and

!rought to the Iloilo Bission Hospital for treatment, !ut unfortunatel, he died on 0ecem!er45, 3=4, as shown ! a cop of the death certificate hereto attached and mar%ed as "nnex&"&.

;. That in accordance with the provisions of the last will and testament of 1innie JaneHodges, whatever real and personal properties that ma remain at the death of her hus!and'harles :ewton Hodges, the said properties shall !e e@uall divided among their heirs. Thatthere are real and personal properties left ! 'harles :ewton Hodges, which need to !eadministered and ta%en care of.

7. That the estate of deceased 1innie Jane Hodges, as well as that of 'harles :ewton Hodges,have not as et !een determined or ascertained, and there is necessit for the appointment of a

general administrator to li@uidate and distri!ute the residue of the estate to the heirs andlegatees of !oth spouses. That in accordance with the provisions of (ection 4 of Rule +5 ofthe Rules of 'ourt, the con


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$HEREFARE, in view of all the foregoing, it is most respectfull praed that, Biss"/E1I:" ". B"C:A !e immediatel appointed "dministratrix of the estate of 1innie JaneHodges and as (pecial "dministratrix of the estate of 'harles :ewton Hodges, with powersand duties provided for ! law. That the Honora!le 'ourt fix the reasona!le !ond of*,888.88 to !e filed ! "velina ". Bagno.

)"nnex &A&, *etition.9

which respondent court readil acted on in its order of even date thusD .

For the reasons alleged in the ?rgent6"(parteBotion filed ! counsel for the Executor dated0ecem!er 45, 3=4, which the 'ourt finds meritorious, Biss "/E1I:" ". B"C:A, ishere! appointed "dministratrix of the estate of 1innie Jane Hodges and as (pecial"dministratrix of the estate of 'harles :ewton Hodges, in the latter case, !ecause the last willof said 'harles :ewton Hodges is still %ept in his vault or iron safe and that the real and

personal properties of !oth spouses ma !e lost, damaged or go to waste, unless a (pecial"dministratrix is appointed.

Biss "velina ". Bagno is re@uired to file !ond in the sum of FI/E THA?(":0 *E(A()*5,888.889, and after having done so, let letters of "dministration !e issued to her.& )"nnex&*&, *etition.9

An 0ecem!er 43, 3=4, however, upon urgent e"(partepetition of respondent Bagno herself,thru "tt. Cellada, Harold, R. 0avies, &a representative of the heirs of deceased 'harles

:ewton Hodges )who had9 arrived from the ?nited (tates of "merica to help in theadministration of the estate of said deceased& was appointed as 'o-(pecial "dministrator ofthe estate of Hodges, )pp. 43-;;, ellow - Record on "ppeal9 onl to !e replaced as such co-special administrator on Januar 44, 3=; ! Joe Hodges, who, according to the motion of thesame attorne, is &the nephew of the deceased )who had9 arrived from the ?nited (tates withinstructions from the other heirs of the deceased to administer the properties or estate of'harles :ewton Hodges in the *hilippines, )*p. 7+-58,id.9

Beanwhile, under date of Januar 3, 3=;, the same "tt. Cellada filed in (pecial *roceedings =+4 a petitionfor the pro!ate of the will of Hodges,2with a praer for the issuance of letters of administration to the same JoeHodges, al!eit the motion was followed on Fe!ruar 44, 3=; ! a separate one as%ing that "tt. Fernando Birasol!e appointed as his co-administrator. An the same date this latter motion was filed, the court issued thecorresponding order of pro!ate and letters of administration to Joe Hodges and "tt. Birasol, as praed for.

"t this


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'ommunit Estate to the devisees and legatees named in the will when the de!ts, lia!ilities, taxes and expensesof administration are finall determined and paid&, that the incidents and controversies now !efore ?s forresolution arose. "s ma !e o!served, the situation that ensued upon the death of Hodges !ecame ratherunusual and so, @uite understanda!l, the lower courts actuations presentl under review are apparentlwanting in consistenc and seemingl lac% proper orientation.

Thus, $e cannot discern clearl from the record !efore ?s the precise perspective from which the trial courtproceeded in issuing its @uestioned orders. "nd, regreta!l, none of the length !riefs su!mitted ! the partiesis of valua!le assistance in clearing up the matter.

To !egin with, $e gather from the two records on appeal filed ! petitioner, as appellant in the appealed cases,one with green cover and the other with a ellow cover, that at the outset, a sort of modus operandi had !eenagreed upon ! the parties under which the respective administrators of the two estates were supposed to actconan% and Biss Bagno and in order to restore the harmonious relations !etween the parties,the 'ourt ordered the parties to remain instatus is suffering great moral damage and

pre


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or an availa!le deput to witness and supervise the opening of all doors and loc%s and ta%ingpossession of the *'I>.

" written opposition has !een filed ! "dministratrix Bagno of even date )Act. 4+9 thrucounsel Ri#al Muimpo stating therein that she was compelled to close the office for the reasonthat the *'I> failed to compl with the order of this 'ourt signed ! Judge "nacleto I.

>ellosillo dated (eptem!er , 3=7 to the effect that !oth estates should remain instatus or its dulauthori#ed representative and deput cler% of court "l!is of this !ranch not later than +D;8tomorrow morning Acto!er 4, 3=5 in order that the office of said estates could operate for

!usiness.

*ursuant to the order of this 'ourt thru Judge >ellosillo dated (eptem!er , 3=7, it ishere! orderedD

)a9 That all cash collections should !e deposited in the to inspect whateverrecords, documents and papers she ma have in her possession in the same manner that"dministrator *'I> is also directed to allow "dministratrix Bagno to inspect whateverrecords, documents and papers it ma have in its possession

)e9 That the accountant of the estate of 1innie Jane Hodges shall have access to all records ofthe transactions of !oth estates for the protection of the estate of 1innie Jane Hodges and inli%e manner the accountant or an authori#ed representative of the estate of '.:. Hodges shallhave access to the records of transactions of the 1innie Jane Hodges estate for the protectionof the estate of '.:. Hodges.

Ance the estates office shall have !een opened ! "dministratrix Bagno in the presence ofthe *'I> or its dul authori#ed representative and deput cler% "l!is or his dul authori#edrepresentative, !oth estates or an of the estates should not close it without previous consentand authorit from this court.

(A AR0ERE0.


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"s ma !e noted, in this order, the respondent court re@uired that all collections from the properties in thename of Hodges should !e deposited in a rownand "rdell oung acting for all of the Higdon famil who claim to !e the sole !eneficiaries ofthe estate of 1innie Jane Hodges and various legal counsel representing the aforementioned

parties entered into an amica!le agreement, which was approved ! this Honora!le 'ourt,wherein the parties thereto agreed that certain sums of mone were to !e paid in settlement ofdifferent claims against the two estates and that the assets )to the extent the existed9 of !othestates would !e administered


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"tt. 1eon *. Cellada filed a memorandum dated Jul 4, 3=7 as%ing that the Banifestationand ?rgent Botion filed ! "tts. Banglapus and Muimpo !e denied !ecause no evidence has

!een presented in support thereof. "tt. Banglapus filed a repl to the opposition of counselfor the "dministrator of the '. :. Hodges estate wherein it is claimed that expenses ofadministration include reasona!le counsel or attornes fees for services to the executor oradministrator. "s a matter of fact the fee agreement dated Fe!ruar 4+, 3=7 !etween the

*'I> and the law firm of A#aeta, Ci!!s O A#aeta as its counsel )*p. 48-47, /ol. /, (p.;8+9 which stipulates the fees for said law firm has !een approved ! the 'ourt in its orderdated Barch ;, 3=7. If pament of the fees of the lawers for the administratrix of theestate of 1innie Jane Hodges will cause pre will also !e pre filed a counter- manifestation dated Januar 5, 3=5as%ing that after the consideration ! the court of all allegations and arguments and pleadingsof the *'I> in connection therewith )9 said manifestation and urgent motion of "tts.Banglapus and Muimpo !e denied )pp. =774-=75;, /ol. /II, (p. ;8+9. Judge Mueru!in

issued an order dated Januar 7, 3=5 approving the motion dated June 8, 3=7 of theattornes for the administratrix of the estate of 1innie Jane Hodges and agreement annexed tosaid motion. The said order further statesD &The "dministratrix of the estate of 1innie JaneHodges is authori#ed to issue or sign whatever chec% or chec%s ma !e necessar for thea!ove purpose and the administrator of the estate of '. :. Hodges is ordered to countersignthe same. )pp. =5-=54;, /ol /II, (p. ;8+9.

"tt. Roman Ba!anta, Jr. for the *'I> filed a manifestation and motion dated Januar ;,3=5 as%ing that the order of Januar 7, 3=5 which was issued ! Judge Mueru!in !edeclared null and void and to en


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"tt. Roman Ba!anta, Jr. for the *'I> filed a motion for reconsideration dated Fe!ruar 4;,3=5 as%ing that the order dated Januar 7, 3=7 !e reversed on the ground thatD

. "ttornes retained must render services to the estate not to the personal heir

4. If services are rendered to !oth, fees should !e pro-rated !etween them

;. "ttornes retained should not represent conflicting interests to the pre


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>e that as it ma, again, it appears that on "ugust =, 3=5, the court, acting on a motion of petitioner for theapproval of deeds of sale executed ! it as administrator of the estate of Hodges, issued the following order,also on appeal hereinD

"cting upon the motion for approval of deeds of sale for registered land of the *'I>,"dministrator of the Testate Estate of '. :. Hodges in (p. *roc. =+4 )/ol. /II, pp. 4477-

44759, dated Jul =, 3=5, filed ! "tt. 'esar T. Tirol in representation of the law firms ofA#aeta, Ci!!s and A#aeta and Tirol and Tirol and the opposition thereto of "tt. Ri#al R.Muimpo )/ol. /III, pp. =-=;9 dated Jul 44, 3=5 and considering the allegations andreasons therein stated, the court !elieves that the deeds of sale should !e signed


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special separate expedientes in (pecial *roceedings :os. ;8+ and =+4 to include meremotions for the approval of deeds of sale of the conen


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Further indicating lac% of concrete perspective or orientation on the part of the respondent court and itshesitanc to clear up matters promptl, in its other appealed order of :ovem!er 4;, 3=5, on pages ;;7-;;5 ofthe Creen Record on "ppeal, said respondent court allowed the movant Ricardo (alas, *resident of appellee$estern Institute of Technolog )successor of *ana Educational Institutions, Inc.9, one of the parties withwhom Hodges had contracts that are in @uestion in the appeals herein, to pa petitioner, as "dministrator of theestate of Hodges andKor respondent Bagno, as "dministrator of the estate of Brs. Hodges, thusD

'onsidering that in !oth cases there is as et no


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;. Arder of "pril 48, 3==, on pp. =+-=,id., approving the deed of sale executed ! respondent Bagno infavor of appellee *urificacion 'oronado on Barch 4, 3== pursuant to a &contract to sell& signed ! Hodgeson "ugust 7, 3=, after the death of his wife.

7. Arder of "pril 48, 3==, on pp. =-=3,id., approving the deed of sale executed ! respondent Bagno infavor of appellee Florenia >arrido on Barch 4, 3==, pursuant to a &contract to sell& signed ! Hodges on

Fe!ruar 4, 35, after the death of his wife.

5. Arder of June +, 3==, on pp. 7-5,id., approving the deed of sale executed ! respondent Bagno infavor of appellee >elce#ar 'ausing on Ba 4, 3==, pursuant to a &contract to sell& signed ! Hodges onFe!ruar 8, 353, after the death of his wife.

=. Arder of June 4, 3==, on pp. 4-44,id., approving the deed of sale executed ! respondent Bagno infavor of appellee "rtheo Thomas Jamir on June ;, 3==, pursuant to a &contract to sell& signed ! Hodges onBa 4=, 3=, after the death of his wife.

+. Arder of June 4, 3==, on pp. 44-4;,id., approving the deed of sale executed ! respondent Bagno infavor of appellees Craciano 1ucero and Bel@uiades >atisanan on June = and June ;, 3==, respectivel,

pursuant to &contracts to sell& signed ! Hodges on June 3, 353 and :ovem!er 4+, 3=, respectivel, afterthe death of his wife.

. Arder of 0ecem!er 4, 3==, on pp. ;8;-;87,id., approving the deed of sale executed ! respondent Bagnoin favor of appellees Espiridion *artisala, $inifredo Espada and Rosario "lingasa on (eptem!er =, 3==,"ugust +, 3== and "ugust ;, 3==, respectivel, pursuant to &contracts to sell& signed ! Hodges on "pril48, 3=8, "pril , 3=8 and "ugust 45, 35, respectivel, that is, after the death of his wife.

3. Arder of "pril 5, 3==, on pp. ;+-;,id., approving the deed of sale executed ! respondent Bagno infavor of appellee "lfredo 'atedral on Barch 4, 3==, pursuant to a &contract to sell& signed ! Hodges on Ba43, 357, !efore the death of his wife, which contract petitioner claims it had cancelled on Fe!ruar =, 3==for failure of appellee 'atedral to pa the installments due on time.

8. Arder of "pril 5, 3==, on pp. ;-;3,id., approving the deed of sale executed ! respondent Bagno infavor of appellee Jose *a!lico on Barch +, 3==, pursuant to a &contract to sell& signed ! Hodges on Barch +,358, after the death of his wife, which contract petitioner claims it had cancelled on June 43, 3=8, for failureof appellee *a!lico to pa the installments due on time.

. Arder of 0ecem!er 4, 3==, on pp. ;8;-;87,id., insofar as it approved the deed of sale executed !respondent Bagno in favor of appellee *epito Iulores on (eptem!er =, 3==, pursuant to a &contract to sell&signed ! Hodges on Fe!ruar 5, 35, !efore the death of his wife.

4. Arder of Januar ;, 3=+, on pp. ;;5-;;=,id., approving three deeds of sale executed ! respondentBagno, one in favor of appellees (antiago *acaonsis and two in favor of appellee "delfa *remalon on0ecem!er 5, 3== and :ovem!er ;, 3==, respectivel, pursuant to separate &promises to sell& signedrespectivel ! Hodges on Ba 4=, 355 and Januar ;8, 357, !efore the death of his wife, and Acto!er ;,353, after her death.

In li%e manner, there were also instances when respondent court approved deeds of sale executed ! petitioneralone and without the concurrence of respondent Bagno, and such approvals have not !een the su!


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The points of fact and law pertaining to the two a!ovecited assignments of error have alread!een discussed previousl. In the first a!ovecited error, the order alluded to was general, andas alread explained !efore, it was, as admitted ! the lower court itself, superseded ! the

particular orders approving specific final deeds of sale executed ! the appellee, "velina ".Bagno, which are su!


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conveances, leases and mortgages of the properties left ! the saiddeceased 1innie Jane Hodges in consonance *it te *ises contained inte last *ill and testa!ent of te latter.&

)p. 7=, Rec. (p. *roc. ;8+ emphasis supplied.9

)59 An "pril 4, 353 this Honora!le 'ourt approved the inventor and accounting su!mitted! '. :. Hodges through his counsel 1eon *. Cellada on "pril 7, 353 wherein he allegedamong other things

&That no person interested in the *hilippines of the time and place ofexamining the herein account, !e given notice, as erein e"ecutor is te onlydevisee or legatee of te deceased$ in accordance *it te last *ill and

testa!ent already probated by te Honorable Court.&

)pp. ++-+, Rec. (p. *roc. ;8+ emphasis supplied.9.

)=9 An Jul ;8, 3=8 this Honora!le 'ourt approved the &"nnual (tatement of "ccount&

su!mitted ! '. :. Hodges through his counsel 1eon *. Cellada on Jul 4, 3=8 wherein healleged among other thingsD

&That no person interested in the *hilippines of the time and place ofexamining the herein account, !e given notice as erein e"ecutor is te onlydevisee or legatee of te deceased )innie %ane Hodges, in accordance withthe last will and testament of the deceased, alread pro!ated ! thisHonora!le 'ourt.&

)pp. -4. Rec. (p. *roc. ;8+ emphasis supplied.9

)+9 An Ba 4, 3= this Honora!le court approved the &"nnual (tatement of "ccount > The

Executor for the ear 3=8& su!mitted through 1eon *. Cellada on "pril 48, 3= wherein heallegedD

That no person interested in the *hilippines !e given notice, of the time andplace of examining the herein account, as erein 6"ecutor is te only deviseeor legatee of te deceased )innie %ane Hodges$ in accordance *it te last

*ill and testa!ent of te deceased$ already probated by tis Honorable

Court.

)pp. 38-3. Rec. (p. *roc. ;8+ emphasis supplied.9

)9 An 0ecem!er 45, 3=4, '.:. Hodges died.

)39 An 0ecem!er 45, 3=4, on the ?rgent6"(parteBotion of 1eon *. Cellada filed onl in(pecial *roceeding :o. ;8+, this Honora!le 'ourt appointed "velina ". Bagno

&"dministratrix of the estate of 1innie Jane Hodges and as (pecial "dministratrix of theestate of 'harles :ewton Hodges, in the latter case, !ecause the last will of said 'harles

:ewton Hodges is still %ept in his vault or iron safe and that the real and personal propertiesof !oth spouses ma !e lost, damaged or go to waste, unless a (pecial "dministratrix isappointed.&


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)p. 88. Rec. (p. *roc. ;8+9

)89 An 0ecem!er 4=, 3=4 1etters of "dministration were issued to "velina Bagno pursuantto this Honora!le 'ourts aforesaid Arder of 0ecem!er 45, 3=4

&$ith full authorit to ta%e possession of all the propert of said deceased in

an province or provinces in which it ma !e situated and to perform allother acts necessar for the preservation of said propert, said "dministratrixandKor (pecial "dministratrix having filed a !ond satisfactor to the 'ourt.&

)p. 84, Rec. (p. *roc. ;8+9

)9 An Januar 44, 3=; this Honora!le 'ourt on petition of 1eon *. Cellada of Januar 4,3=; issued 1etters of "dministration toD

)a9 "velina ". Bagno as "dministratrix of the estate of 1innie Jane Hodges

)!9 "velina ". Bagno as (pecial "dministratrix of the Estate of 'harles :ewton Hodges and

)c9 Joe Hodges as 'o-(pecial "dministrator of the Estate of 'harles :ewton Hodges.

)p. 7;, Rec. (p. *roc. ;8+9

)49 An Fe!ruar 48, 3=; this Honora!le 'ourt on the !asis of a motion filed ! 1eon *.Cellada as legal counsel on Fe!ruar =, 3=; for "velina ". Bagno acting as "dministratrixof the Estate of 'harles :ewton Hodges )pp. 7-=, (p. *roc. ;8+9 issued the followingorderD

&... se autori#a a a@uella )"velina ". Bagno9 a firmar escrituras de ventadefinitiva de propiedades cu!iertas por contratos para vender, firmados, en

vida, por el finado 'harles :ewton Hodges, cada ve# @ue el precioestipulado en cada contrato este totalmente pagado. (e autori#a igualmente ala misma a firmar escrituras de cancelacion de hipoteca tanto de !ienesreales como personales cada ve# @ue la consideracion de cada hipoteca estetotalmente pagada.

&'ada una de dichas escrituras @ue se otorguen de!e ser sometida para laapro!acion de este Ju#gado.&

)p. +, (p. *roc. ;8+9.

2*ar )c9, Repl to Botion For Removal of Joe Hodges6

);9 An (eptem!er l=, 3=; 1eon *. Cellada, acting as attorne for "velina ". Bagno as"dministratrix of the estate of 1innie Jane Hodges, allegesD

;. L That since Januar, 3=;, !oth estates of 1innie Jane Hodges and'harles :ewton Hodges have !een receiving in full, paments for those&contracts to sell& entered into ! '. :. Hodges during his lifetime, and the

purchasers have !een demanding the execution of definite deeds of sale intheir favor.


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7. L That hereto attached are thirteen );9 copies deeds of sale executed !the "dministratrix and ! the co-administrator )Fernando *. Birasol9 of theestate of 1innie Jane Hodges and 'harles :ewton Hodges respectivel, incompliance with the terms and conditions of the respective &contracts tosell& executed ! the parties thereto.&

)79 The properties involved in the aforesaid motion of (eptem!er =, 3=; are all registeredin the name of the deceased '. :. Hodges.

)59 "velina ". Bagno, it is alleged on information and !elief, has !een advertising in thenewspaper in Iloilo thuslD

For (ale

Testate Estate of 1innie Jane Hodges and 'harles :ewton Hodges.

"ll Real Estate or *ersonal *ropert will !e sold on First 'ome First (erved >asis.

"velina".Bagno"dministratrix

)=9 "velina ". Bagno, it is alleged on information and !elief, has paid and still is paingsums of mone to sundr persons.

)+9 Joe Hodges through the undersigned attornes manifested during the hearings !efore thisHonora!le 'ourt on (eptem!er 5 and =, 3=; that the estate of '. :. Hodges was claiming allof the assets !elonging to the deceased spouses 1innie Jane Hodges and '. :. Hodges

situated in *hilippines !ecause of the aforesaid election ! '. :. Hodges wherein he claimedand too% possession as sole owner of all of said assets during the administration of the estateof 1innie Jane Hodges on the ground that he was the sole devisee and legatee under her 1ast$ill and Testament.

)9 "velina ". Bagno has su!mitted no inventor and accounting of her administration as"dministratrix of the estate of 1innie Jane Hodges and (pecial "dministratrix of the estate of'. :. Hodges. However, from manifestations made ! "velina ". Bagno and her legalcounsel, 1eon *. Cellada, there is no @uestion she will claim that at least fift per cent )58N9of the con


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)49 "velina ". Bagno to turn over and deliver to the "dministrator of the estate of '. :.Hodges all of the funds, properties and assets of an character remaining in her possession

);9 *ending this Honora!le 'ourts ad$ ?@/ )8S A)) O7 3H6 643S$

6MO)8M643S A4D ,4COM6 3H667OM O7 OC3OB6 /$ ?@0>.

'ABE( :A$ *hilippine 'ommercial and Industrial >an% )hereinafter referred to as *'I>9,

the administrator of the estate of '. :. Hodges, deceased, in (pecial *roceedings :o. =+4,through its undersigned counsel, and to this Honora!le 'ourt respectfull alleges thatD

. An Acto!er 5, 3=;, Joe Hodges acting as the co-administrator of the estate of '. :.Hodges filed, through the undersigned attornes, an &?rgent Botion For "n "ccounting and0eliver To "dministrator of the Estate of '. :. Hodges of all Af The "ssets Af The'on as administrator of the estate of '. :. Hodges )pp. 385-38=, 'FI Rec. (. *. :o. =+49and issuing letters of administration to the *'I>.

;. An Januar 47, 3=7 virtuall all of the heirs of '. :. Hodges, Joe Hodges and Fernando *.Birasol acting as the two co-administrators of the estate of '. :. Hodges, "velina ". Bagnoacting as the administratrix of the estate of 1innie Jane Hodges, and Bessrs. $illiam >rownand "rdel oung "cting for all of the Higdon famil who claim to !e the sole !eneficiaries of


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the estate of 1innie Jane Hodges and various legal counsel representing the aforenamedparties entered into an amica!le agreement, which was approved ! this Honora!le 'ourt,wherein the parties thereto agreed that certain sums of mone were to !e paid in settlement ofdifferent claims against the two estates andtat te assets to te e"tent tey e"istedof botestates *ould be ad!inistrated Eointly by te C,B as ad!inistrator of te estate of C. 4.

Hodges and Avelina A. Magno as ad!inistratri" of te estate of )innie %ane Hodges, su! paa!le to the undersignedcounsel pursuant to their fee agreement approved ! this Honora!le 'ourt inits order dated Barch ;, 3=7.

)c9 "velina ". Bagno illegall gives access to and turns over possession ofthe records and assets of the estate of '.:. Hodges to the attorne-in-fact of

the Higdon Famil, Br. James 1. (ullivan, as evidenced in part ! thecashing of his personal chec%s.

)d9 "velina ". Bagno illegall refuses to execute chec%s prepared ! the*'I> drawn to pa expenses of the estate of '. :. Hodges as evidenced in

part ! the chec% drawn to reim!urse the *'I>s advance of *7,775.58 topa the 3=7 income taxes reported due and paa!le ! the estate of '.:.Hodges.


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+. ?nder and pursuant to the orders of this Honora!le 'ourt, particularl those of Januar 47and Fe!ruar , 3=7, and the mandate contained in its 1etters of "dministration issued onJanuar 47, 3=7 to the *'I>, it has

&full authorit to ta%e possession of all the propert of thedeceased '. :. Hodges

&and to perform all other acts necessar for the preservation of saidpropert.& )p. 37, 'FI Rec., (.*. :o. =+4.9

. "s administrator of the estate of '. :. Hodges, the *'I> claims the right to the immediateexclusive possession and control of all of the properties, accounts receiva!les, court cases,

!an% accounts and other assets, including the documentar records evidencing same, whichexisted in the *hilippines on the date of '. :. Hodges death, 0ecem!er 45, 3=4, and were inhis possession and registered in his name alone. The *'I> %nows of no assets in the*hilippines registered in the name of 1innie Jane Hodges, the estate of 1innie Jane Hodges,or, '. :. Hodges, Executor of the Estate of 1innie Jane Hodges on 0ecem!er 45, 3=4. "ll ofthe assets of which the *'I> has %nowledge are either registered in the name of '. :.

Hodges, alone or were derived therefrom since his death on 0ecem!er 45, 3=4.

3. The *'I> as the current administrator of the estate of '. :. Hodges, deceased, succeededto all of the rights of the previousl dul appointed administrators of the estate of '. :.Hodges, to witD

)a9 An 0ecem!er 45, 3=4, date of '. :. Hodges death, this Honora!le'ourt appointed Biss "velina ". Bagno simultaneousl asD

)i9 "dministratrix of the estate of 1innie Jane Hodges )p. 84, 'FI Rec., (.*.:o. ;8+9 to replace the deceased '. :. Hodges who on Ba 4, 35+ wasappointed (pecial "dministrator )p. ;. 'FI Rec. (.*. :o. ;8+9 and on Jul

, 35+ Executor of the estate of 1innie Jane Hodges )p. ;8, 'FI Rec., (. *.:o. ;8+9.

)ii9 Special Ad!inistratri" of te estate of C. 4. Hodges )p. 84, 'FI Rec.,(.*. :o. ;8+9.

)!9 An 0ecem!er 43, 3=4 this Honora!le 'ourt appointed Harold .0avies as co-special administrator of the estate of '.:. Hodges along with"velina ". Bagno )pp. 8-, 'FI Rec., (. *. :o. ;8+9.

)c9 An Januar 44, 3=;, with the conformit of "velina ". Bagno, Harold. 0avies resigned in favor of Joe Hodges )pp. ;5-;=, 'FI Rec., (.*. :o.=+49 who thereupon was appointed on Januar 44, 3=; ! this Honora!le'ourt as special co-administrator of the estate of '.:. Hodges )pp. ;-78 O7;, 'FI Rec. (.*. :o. =+49 along with Biss Bagno who at that time wasstill acting as special co-administratrix of the estate of '. :. Hodges.

)d9 An Fe!ruar 44, 3=;, without o!


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8. Biss "velina ". Bagno, pursuant to the orders of this Honora!le 'ourt of 0ecem!er 45,3=4, too% possession of all *hilippine "ssets now claimed ! the two estates. 1egall, BissBagno could ta%e possession of the assets registered in the name of '. :. Hodges alone onlin her capacit as (pecial "dministratrix of the Estate of '.:. Hodges. $ith the appointment

! this Honora!le 'ourt on Fe!ruar 44, 3=; of Joe Hodges and Fernando *. Birasol as theco-administrators of the estate of '.:. Hodges, the legall were entitled to ta%e over from

Biss Bagno the full and exclusive possession of all of the assets of the estate of '.:. Hodges.$ith the appointment on Januar 47, 3=7 of the *'I> as the sole administrator of the estateof '.:. Hodges in su!stitution of Joe Hodges and Fernando *. Birasol, the *'I> legall

!ecame the onl part entitled to the sole and exclusive possession of all of the assets of theestate of '. :. Hodges.

. The *'I>s predecessors su!mitted their accounting and this Honora!le 'ourt approvedsame, to witD

)a9 The accounting of Harold . 0avies dated Januar , 3=; )pp. =-;;,'FI Rec. (.*. :o. =+49 which shows or its face theD

)i9 'onformit of "velina ". Bagno acting as &"dministratrix of the Estateof 1innie Jane Hodges and (pecial "dministratrix of the Estate of '. :.Hodges&

)ii9 'onformit of 1eslie Echols, a Texas lawer acting for the heirs of '.:.Hodges and

)iii9 'onformit of $illiam >rown, a Texas lawer acting for the Higdonfamil who claim to !e the onl heirs of 1innie Jane Hodges )pp. , 45-;;,'FI Rec., (. *. :o. =+49.

:oteD This accounting was approved ! this Honora!le 'ourt on Januar 44, 3=; )p. ;7, 'FI

Rec., (. *. :o. =+49.

)!9 The accounting of Joe Hodges and Fernando *. Birasol as of Januar 4;,3=7, filed Fe!ruar 47, 3=7 )pp. 338-888, 'FI Rec. (.*. :o. =+4 and

pp. 8=-7, 'FI Rec. (.*. :o. ;8+9.

:oteD This accounting was approved ! this Honora!le 'ourt on Barch ;, 3=7.

)c9 The *'I> and its undersigned lawers are aware of no report oraccounting su!mitted ! "velina ". Bagno of her acts as administratrix ofthe estate of 1innie Jane Hodges or special administratrix of the estate of'.:. Hodges, unless it is the accounting of Harold . 0avies as special co-administrator of the estate of '.:. Hodges dated Januar , 3=; to whichBiss Bagno manifested her conformit )supra9.

4. In the aforesaid agreement of Januar 47, 3=7, Biss "velina ". Bagno agreed to receive *8,888.88

&for her services as administratrix of the estate of 1innie Jane Hodges&

and in addition she agreed to !e emploed, starting Fe!ruar , 3=7, at


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&a monthl salar of *588.88 for her services as an emploee of !othestates.&

47 ems.

;. ?nder the aforesaid agreement of Januar 47, 3=7 and the orders of this Honora!le 'ourt

of same date, the *'I> as administrator of the estate of '. :. Hodges is entitled to theexclusive possession of all records, properties and assets in the name of '. :. Hodges as ofthe date of his death on 0ecem!er 45, 3=4 which were in the possession of the deceased '.

:. Hodges on that date and which then passed to the possession of Biss Bagno in hercapacit as (pecial 'o-"dministratrix of the estate of '. :. Hodges or the possession of JoeHodges or Fernando *. Birasol as co-administrators of the estate of '. :. Hodges.

7. >ecause of Biss Bagnos refusal to compl with the reasona!le re@uest of *'I>concerning the assets of the estate of '. :. Hodges, the *'I> dismissed Biss Bagno as anemploee of the estate of '. :. Hodges effective "ugust ;, 3=7. An (eptem!er , 3=7Biss Bagno loc%ed the premises at 48=-48 Cuanco (treet and denied the *'I> accessthereto. ?pon the ?rgent Botion of the *'I> dated (eptem!er ;, 3=7, this Honora!le 'ourt

on (eptem!er +, 3=7 ordered Biss Bagno to reopen the aforesaid premises at 48=-48Cuanco (treet and permit the *'I> access thereto no later than (eptem!er , 3=7.

5. The *'I> pursuant to the aforesaid orders of this Honora!le 'ourt is again in phsicalpossession of all of the assets of the estate of '. :. Hodges. However, the *'I> is not inexclusive control of the aforesaid records, properties and assets !ecause Biss Bagnocontinues to assert the claims hereina!ove outlined in paragraph =, continues to use her ownloc%s to the doors of the aforesaid premises at 48=-48 Cuanco (treet, Iloilo 'it andcontinues to den the *'I> its right to %now the com!inations to the doors of the vault andsafes situated within the premises at 48=-48 Cuanco (treet despite the fact that saidcom!inations were %nown to onl '. :. Hodges during his lifetime.

=. The *hilippine estate and inheritance taxes assessed the estate of 1innie Jane Hodges wereassessed and paid on the !asis that '. :. Hodges is the sole !eneficiar of the assets of theestate of 1innie Jane Hodges situated in the *hilippines. "velina ". Bagno and her legalcounsel at no time have @uestioned the validit of the aforesaid assessment and the pamentof the corresponding *hilippine death taxes.

+. :othing further remains to !e done in the estate of 1innie Jane Hodges except to resolvethe aforesaid Botion of Acto!er 5, 3=; and grant the *'I> the exclusive possession andcontrol of all of the records, properties and assets of the estate of '. :. Hodges.

. (uch assets as ma have existed of the estate of 1innie Jane Hodges were ordered ! thisHonora!le 'ourt in special *roceedings :o. ;8+ to !e turned over and delivered to '. :.Hodges alone. He in fact too% possession of them !efore his death and asserted and exercised

the right of exclusive ownership over the said assets as the sole !eneficiar of the estate of1innie Jane Hodges.

$HEREFARE, premises considered, the *'I> respectfull petitions that this Honora!lecourtD

)9 (et the Botion of Acto!er 5, 3=; for hearing at the earliest possi!le date with notice toall interested parties


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)49 Arder "velina ". Bagno to su!mit an inventor and accounting as "dministratrix of theEstate of 1innie Jane Hodges and 'o-"dministratrix of the Estate of '. :. Hodges of all ofthe funds, properties and assets of an character !elonging to the deceased 1innie JaneHodges and '. :. Hodges which have come into her possession, with full details of what shehas done with them

);9 Arder "velina ". Bagno to turn over and deliver to the *'I> as administrator of the estateof '. :. Hodges all of the funds, properties and assets of an character remaining in her

possession

)79 *ending this Honora!le 'ourts ad and its dul authori#ed representatives

)59 En

)+9 Arder such other relief as this Honora!le 'ourt finds


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hus!and, 'harles :ewton Hodges, to have and to hold unto him, m saidhus!and during his natural lifetime.

THIR0D I desire, direct and provide that m hus!and, 'harles :ewtonHodges, shall have the right to manage, control, use and en


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)!9 "rticle = of the 'ivil 'ode provides that &the national law of the personwhose succession is under consideration, whatever ma !e the nature of the

propert and regardless of the countr wherein said propert ma !e found&,shall prevail. However, the 'onflict of 1aw of Texas, which is the &nationallaw& of the testatrix, 1innie Jane Hodges, provide that the domiciliar law)*hilippine law L see paragraph 4,supra9 should govern the testamentar

dispositions and successional rights over mova!les )personal properties9, andthe law of the situs of the propert )also *hilippine law as to propertieslocated in the *hilippines9 with regards immova!le )real properties9. Thusappling the &Renvoi 0octrine&, as approved and applied ! our (upreme'ourt in the case of &In The Batter Af The Testate Estate of Eduard E.'hristensen&, C.R. :o.1-=+73, promulgated Januar ;, 3=;, *hilippine law should appl to the$ill of 1innie Jane Hodges and to the successional rights to her estateinsofar as her !ovableandi!!ovableassets in the *hilippines areconcerned. $e shall not, at this stage, discuss what law should govern theassets of 1innie Jane Hodges located in A%lahoma and Texas, !ecause theonl assets in issue in this motion are those within the


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. The late 1innie Jane Hodges designated her hus!and '.:. Hodges as her sole andexclusive heir with full authorit to do what he pleased, as exclusive heir and owner of all theassets constituting her estate, except onl with regards certain properties &owned ! us,located at, in or near the 'it of 1u!!oc%, Texas&. Thus, even without reling on our laws ofsuccession and legitime, which we have cited a!ove$ C. 4. Hodges$ by specific testa!entarydesignation of is *ife$ *as entitled to te entirely to is *ife's estate in te ilippines.

4. "rticle +++ of the :ew 'ivil 'ode provides that &the rights of the successor aretransmitted from the death of the decedent&. Thus, title to the estate of 1innie Jane Hodgeswas transmitted to '. :. Hodges immediatel upon her death on Ba 4;, 35+. For theconvenience of this Honora!le 'ourt, we attached hereto as "nnex &'& a graph of how thecon


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)c9 An "pril 4, 353, this Honora!le 'ourt approved the verified inventor and accountingsu!mitted ! '. :. Hodges through his counsel 1eon *. Cellada on "pril 7, 353 wherein healleged among other things,

&That no person interested in the *hilippines of the time and place ofexamining the herein account, !e given notice, as erein e"ecutor is te only

devisee or legatee of te deceased$ in accordance *it te last *ill andtesta!ent already probated by te Honorable Court.& )'FI Record, (p. *roc.

:o. ;8+, pp. ++-+ emphasis supplied.9

)d9 An Jul 48, 3=8, this Honora!le 'ourt approved the verified &"nnual (tatement of"ccount& su!mitted ! '. :. Hodges through his counsel 1eon *. Cellada on Jul 4, 3=8wherein he alleged, among other things.

&That no person interested in the *hilippines of the time and place ofexamining the herein account, !e given notice as erein e"ecutor is te onlydevisee or legatee of te deceased )innie %ane Hodges, in accordance withthe last will and testament ofthe deceased, alread pro!ated ! this

Honora!le 'ourt.& )'FI Record, (p. *roc. :o. ;8+, pp. -4 emphasissupplied.9

)e9 An Ba 4, 3=, this Honora!le 'ourt approved the verified &"nnual (tatement of"ccount > The Executor For the ear 3=8& su!mitted through 1eon *. Cellada on "pril 48,3= wherein he allegedD

&That no person interested in the *hilippines !e given notice, ofthe time and place ofexamining the herein account, as erein e"ecutor is te only devisee or legatee of tedeceased )innie %ane Hodges$ in accordance *it te last *ill and testa!ent ofte deceased$

already probated by tis Honorable Court.& )'FI Record, (p. *roc. :o. ;8+, pp. 38-3emphasis supplied.9

5. (ince '. :. Hodges was the sole and exclusive heir of 1innie Jane Hodges, not onl !law, !ut in accordance with the dispositions of her will, there was, in fact, no need to li@uidatethe con


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&Esta Higdon, Emma Howell, 1eonard Higdon, RoHigdon, (adie Rascoe, Era >oman and :imra Higdon.&

>ecause of the facts hereina!ove set out there is no &rest, residue and remainder&, at least tothe extent of the *hilippine assets, which remains to vest in the HIC0A:(, assuming this

proviso in 1innie Jane Hodges $ill is valid and !inding against the estate of '. :. Hodges.

. "n claims ! the HIC0A:( under the a!ove-@uoted provision of 1innie Jane Hodges$ill is without merit !ecause said provision is void and invalid at least as to the *hilippineassets. It should not, in anwa, affect the rights of the estate of '. :. Hodges or his heirs tothe properties, which '. :. Hodges ac@uired ! wa of inheritance from his wife 1innie JaneHodges upon her death.

)a9 In spite of the a!ove-mentioned provision in the $ill of 1innie JaneHodges, '. :. Hodges ac@uired, not merel a usufructuar right, !uta!solute title and ownership to her estate. In a recent case involving a versimilar testamentar provision, the (upreme 'ourt held that the heir firstdesignated ac@uired full ownership of the propert !e@ueathed ! the will,

not mere usufructuar rights. )'onsolacion Florentino de 'risologo, et al.,vs. Banuel (ingson, C. R. :o. 1-;+=, Fe!ruar 4, 3=4.9

)!9 "rticle =7, +4 and = of the :ew 'ivil 'ode clearl provide that nocharge, condition or su!stitution whatsoever upon the legitime can !eimposed ! a testator. Thus, under the provisions of "rticles 388, 335 and88 of the :ew 'ivil 'ode, the legitime of a surviving spouse is K4 of theestate of the deceased spouse. 'onse@uentl, the a!ove-mentioned provisionin the $ill of 1innie Jane Hodges is clearl invalid insofar as the legitime of'. :. Hodges was concerned, which consisted of K4 of the K4 portion ofthe con


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+ a ed., pag. +5.9 In other words, *en anoter eir is designated to ineritupon te deat of a first eir$ te second designation can ave effect only in

case te first instituted eir dies before te testator$ *eter or not tat *as

te true intention of said testator. (ince '. :. Hodges did not die !efore1innie Jane Hodges, the provision for su!stitution contained in 1innie JaneHodges $illis void.

)d9 In view of the invalidit of the provision for su!stitution in the $ill, '.:. Hodges inheritance to the entiret of the 1innie Jane Hodges estate isirrevoca!le and final.

3. >e that as it ma, at the time of '. :. Hodges death, the entiret of the con


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*'I> further pras for such and other relief as ma !e deemed efore all of these motions of petitioner could !e resolved, however, on 0ecem!er 4, 3=5, private

respondent Bagno filed her own &Botion for the Afficial 0eclaration of Heirs of the Estate of 1innie JaneHodges& as followsD

'ABE( :A$ the "dministratrix of the Estate of 1innie Jane Hodges and, throughundersigned counsel, unto this Honora!le 'ourt most respectfull states and manifestsD

. That the spouses 'harles :ewton Hodges and 1innie Jane Hodges were "merican citi#enswho died at the 'it of Iloilo after having amassed and accumulated extensive properties inthe *hilippines

4. That on :ovem!er 44, 354, 1innie Jane Hodges executed a last will and testament )theoriginal of this will now forms part of the records of these proceedings as Exhi!it &'& and

appears as (p. *roc. :o. ;8+, Folio I, pp. +-9

;. That on Ba 4;, 35+, 1innie Jane Hodges died at the 'it of Iloilo at the time survived !her hus!and, 'harles :ewton Hodges, and several relatives named in her last will andtestament

7. That on June 4, 35+, a petition therefor having !een priorl filed and dul heard, thisHonora!le 'ourt issued an order admitting to pro!ate the last will and testament of 1innieJane Hodges )(p. *roc. :o. ;8+, Folio I, pp. 47-45, 4=-49

5. That the re@uired notice to creditors and to all others who ma have an claims against thedecedent, 1innie Jane Hodges has alread !een printed, pu!lished and posted )(p. *roc. :o.

;8+, Folio I. pp. ;7-789 and the reglamentar period for filing such claims has long agolapsed and expired without an claims having !een asserted against the estate of 1innie JaneHodges, approved ! the "dministratorK"dministratrix of the said estate, nor ratified ! thisHonora!le 'ourt

=. That the last will and testament of 1innie Jane Hodges alread admitted to pro!ate containsan institution of heirs in the following wordsD

&(E'A:0D I give, devise and !e@ueath all of the rest, residue and remainderof m estate, !oth personal and real, wherever situated or located, to m

!eloved hus!and, 'harles :ewton Hodges to have and to hold unto him, msaid hus!and, during his natural lifetime.

THIR0D I desire, direct and provide that m hus!and, 'harles :ewtonHodges, shall have the right to manage, control, use and en


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oil, gas andKor other minerals, and all such deeds or leases shall pass thea!solute fee simple title to the interest so conveed in such propert as heelect to sell. "ll rents, emoluments and income from said estate shall !elongto him, and he is further authori#ed to use an part of the principal of saidestate as he ma need or desire. It is provided herein, however, that he shallnot sell or otherwise dispose of an of the improved propert now owned !

us located at, in or near the 'it of 1u!!oc% Texas, !ut he shall have the fullright to lease, manage and en


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. That !ecause there was no separation or segregation of the interests of hus!and and wifein the com!ined con


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!. 0etermining the exact value of the estate of 1innie Jane Hodges in accordance with thesstem enunciated in paragraph 7 of this motion

c. "fter such determination ordering its segregation from the com!ined con


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and then, after further reminding the court, ! @uoting them, of the relevant allegations of its earlier motion of(eptem!er 7, 3=7, "nnex ?, praed thatD

. Immediatel order "velina Bagno to account for and deliver to the administrator of theEstate of '. :. Hodges all the assets of the conan%

;. 0eclare the Testate Estate of 1innie Jane Hodges )(p. *roc. :o. ;8+9 closed

7. 0efer the hearing and consideration of the motion for declaration of heirs in the TestateEstate of 1innie Jane Hodges until the matters hereina!ove set forth are resolved.)*raer, "nnex &/& of *etition.9

An Acto!er 4, 3==, as alread indicated at the outset of this opinion, the respondent court denied theforegoing motion, holding thusD

A R 0 E R

An record is a motion )/ol. , (p. =+4, pp. 7;+3-7;389 dated "pril 44, 3== ofadministrator *'I> praing that )9 Immediatel order "velina Bagno to account for anddeliver to the administrator of the estate of '. :. Hodges all assets of the con );9 0eclare the TestateEstate of 1innie Jane Hodges )(p. *roc. :o. ;8+9 closed and )79 0efer the hearing andconsideration of the motion for declaration of heirs in the Testate Estate of 1innie JaneHodges until the matters hereina!ove set forth are resolved.

This motion is predicated on the fact that there are matters pending !efore this court such as)a9 the examination alread ordered ! this Honora!le 'ourt of documents relating to theallegation of "velina Bagno that 'harles :ewton Hodges thru written declaration and sworn

pu!lic statements renounced, disclaimed and repudiated his life-estate and usufruct over theestate of 1innie Jane Hodges )!9 the urgent motion for accounting and deliver to the estate of'. :. Hodges of all the assets of the con


50/134

That on "pril 4, 353 this 'ourt approved the inventor and accounting su!mitted ! '. :.Hodges thru counsel "tt. 1eon Cellada in a motion filed on "pril 7, 353 stating thereinthat executor '. :. Hodges is the onl devisee or legatee of 1innie Jane Hodges inaccordance with the last will and testament alread pro!ated ! the 'ourt.

That on Jul ;, 3=8 the 'ourt approved the annual statement of accounts su!mitted ! the

executor '. :. Hodges thru his counsel "tt. Cellada on Jul 4, 3=8 wherein it is stated thatthe executor, '. :. Hodges is the onl devisee or legatee of the deceased 1innie Jane Hodgesthat on Ba 4, 3= the 'ourt approved the annual statement of accounts su!mitted !executor, '. :. Hodges for the ear 3=8 which was su!mitted ! "tt. Cellada on "pril 48,3= wherein it is stated that executor Hodges is the onl devisee or legatee of the deceased1innie Jane Hodges

That during the hearing on (eptem!er 5 and =, 3=; the estate of '. :. Hodges claimed allthe assets !elonging to the deceased spouses 1innie Jane Hodges and '. :. Hodges situatedin the *hilippines that administratrix Bagno has executed illegal acts to the pres motion of Acto!er 5, 3=; )as well as the other motion9dated (eptem!er 7, 3=7 have !een consolidated for the purpose of presentation andreception of evidence with the hearing on the determination of the heirs of the estate of 1innieJane Hodges. It is further alleged in the opposition that the motion for the official declarationof heirs of the estate of 1innie Jane Hodges is the one that constitutes a pres motions of Acto!er 5, 3=; and (eptem!er7, 3=7 will !ecome moot and academic since the are premised on the assumption andclaim that the onl heir of 1innie Jane Hodges was '. :. Hodges.

That the *'I> and counsel are estopped from further @uestioning the determination of heirs inthe estate of 1innie Jane Hodges at this stage since it was *'I> as earl as Januar , 3=5which filed a motion for official declaration of heirs of 1innie Jane Hodges that the claim ofan heirs of 1innie Jane Hodges can !e determined onl in the administration proceedingsover the estate of 1innie Jane Hodges and not that of '. :. Hodges, since the heirs of 1innieJane Hodges are claiming her estate and not the estate of '. :. Hodges.

" repl )(p. =+4, /ol. , pp. 77;=-77779 dated Ba , 3== of the *'I> has !een filedalleging that the motion dated "pril 44, 3== of the *'I> is not to see% deferment of thehearing and consideration of the motion for official declaration of heirs of 1innie JaneHodges !ut to declare the testate estate of 1innie Jane Hodges closed and for administratrixBagno to account for and deliver to the *'I> all assets of the con


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" re


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heir of all the properties of the estate of his wife, in the order of 0ecem!er 7, 35+, "nnex C. (tillunpersuaded, on Jul , 3=+, respondent court denied said motion for reconsideration and held that &thecourt !elieves that there is no


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are, therefore, thirt-three );;9 appeals !efore ?s, for which reason, petitioner has to pa also thirt-one );9more doc%et fees.

It is as well perhaps to state here as elsewhere in this opinion that in connection with these appeals, petitionerhas assigned a total of sevent-eight )1/III9 alleged errors, the respective discussions and arguments underall of them covering also the fundamental issues raised in respect to the petition for certiorariand prohi!ition,

thus ma%ing it feasi!le and more practical for the 'ourt to dispose of all these cases together.

The assignments of error read thusD

I to I/

THE AR0ER 'A?RT ERRE0 I: "**RA/I:C THE FI:"1 0EE0( AF ("1E I:F"/AR AF THE "**E11EE(, *E*ITA C. I?1ARE(, E(*IRI0IA: *"RTI("1",$I:IFRE0A '. E(*"0" ":0 RA("RIA "1I:C"(", EE'?TE0 > THE"**E11EE, "/E1I:" ". B"C:A, 'A/ERI:C *"R'E1( AF 1":0 A$:E0 > THE0E'E"(E0, 'H"R1E( :E$TA: HA0CE(, ":0 THE 'A:TR"'T( TA (E11'A/ERI:C $HI'H $ERE EE'?TE0 > HIB 0?RI:C HI( 1IFETIBE.

/ to /III

THE 1A$ER 'A?RT ERRE0 I: "**RA/I:C THE 0EE0( AF ("1E I: F"/AR AFTHE "**E11EE(, *E*ITA C. I?1ARE(, E(*IRI0IA: *"RTI("1", $I:IFRE0A '.E(*"0" ":0 RA("RIA "1I:C"(", 'A/ERI:C *"R'E1( AF 1":0 FAR $HI'HTHE H"/E :E/ER *"I0 I: F?11 I: "''AR0":'E $ITH THE ARICI:"1'A:TR"'T( TA (E11.

I to II

THE 1A$ER 'A?RT ERRE0 I: 0ETERBI:I:C THE RICHT( AF A$:ER(HI*

A/ER RE"1 *RA*ERT AF THE "**E11EE(, *E*ITA C. I?1ARE(, E(*IRI0IA:*"RTI("1", $I:IFRE0A '. E(*"0" ":0 RA("RIA "1I:C"(", $HI1E "'TI:C"( " *RA>"TE 'A?RT.

III to /

THE 1A$ER 'A?RT ERRE0 I: "**RA/I:C THE FI:"1 0EE0( AF ("1E I:F"/AR AF THE "**E11EE( "0E1F" *REB"1A: )1AT :A. 849, (":TI"CA*"'"A:(I(, ":0 "0E1F" *REB"1A: )1AT :A. 879, EE'?TE0 > THE"**E11EE, "/E1I:" ". B"C:A, 'A/ERI:C *"R'E1( AF 1":0 A$:E0 > THE0E'E"(E0, 'H"R1E( :E$TA: HA0CE(, ":0 THE 'A:TR"'T( TA (E11'A/ERI:C $HI'H $ERE EE'?TE0 > HIB 0?RI:C HI( 1IFETIBE.

/I to /III

THE 1A$ER 'A?RT ERRE0 I: "**RA/I:C THE 0EE0( AF ("1E I: F"/AR AFTHE "**E11EE( "0E1F" *REB"1A: )1AT :A. 849, (":TI"CA *"'"A:(I(,":0 "0E1F" *REB"1A: )1AT :A. 879 'A/ERI:C *"R'E1( AF 1":0 FAR$HI'H THE H"/E :E/ER *"I0 I: F?11 I: "''AR0":'E $ITH THE ARICI:"1'A:TR"'T( TA (E11.


54/134

I to I

THE 1A$ER 'A?RT ERRE0 I: 0ETERBI:I:C THE RICHT( AF A$:ER(HI*A/ER RE"1 *RA*ERT AF THE "**E11EE( "0E1F" *REB"1A: )1AT :A. 849,(":TI"CA *"'"A:(I(, ":0 "0E1F" *REB"1A: )1AT :A. 879 $HI1E"'TI:C "( " *RA>"TE 'A?RT.

II to /

THE 1A$ER 'A?RT ERRE0 I: "**RA/I:C THE FI:"1 0EE0( AF ("1E I:F"/AR AF THE "**E11EE( 1ARE:PA '"R1E(, JA(E *">1I'A, "1FRE0A'"TE0R"1 ":0 ("1/"0AR (. C?PB":, EE'?TE0 > THE "**E11EE,"/E1I:" ". B"C:A, 'A/ERI:C *"R'E1( AF 1":0 A$:E0 > THE 0E'E"(E0,'H"R1E( :E$TA: HA0CE(, ":0 THE 'A:TR"'T( TA (E11 'A/ERI:C $HI'H$ERE EE'?TE0 > HIB 0?RI:C HI( 1IFETIBE.

/I to I

THE 1A$ER 'A?RT ERRE0 I: "**RA/I:C THE FI:"1 0EE0 AF ("1EEE'?TE0 I: F"/AR AF THE "**E11EE(, 1ARE:PA '"R1E(, JA(E *">1I'A,"1FRE0A '"TE0R"1 ":0 ("1/"0AR (. C?PB": *?R(?":T TA 'A:TR"'T(TA (*E11 $HI'H $ERE '":'E11E0 ":0 RE('I:0E0.

to I/

THE 1A$ER 'A?RT ERRE0 I: 0ETERBI:I:C THE RICHT( AF A$:ER(HI*A/ER RE"1 *RA*ERT AF THE 1ARE:PA '"R1E(, JA(E *">1I'A, "1FRE0A'"TE0R"1 ":0 ("1/"0AR (. C?PB":, $HI1E "'TI:C "( " *RA>"TE 'A?RT.

/ to /I

THE 1A$ER 'A?RT ERRE0 I: "**RA/I:C THE FI:"1 0EE0( AF ("1E I:F"/AR AF THE "**E11EE(, F1ARE:I" >"RRI0A ":0 *?RIFI'"'IA:'ARA:"0A, EE'?TE0 > THE "**E11EE, "/E1I:" ". B"C:A, 'A/ERI:C*"R'E1( AF 1":0 A$:E0 > THE 0E'E"(E0, 'H"R1E( :E$TA: HA0CE(,":0 THE 'A:TR"'T( TA (E11 'A/ERI:C $HI'H $ERE EE'?TE0 > HIB0?RI:C HI( 1IFETIBE.

/II to /III

THE 1A$ER 'A?RT ERRE0 I: "**RA/I:C THE 0EE0( AF ("1E I: F"/AR AFTHE "**E11EE(, F1ARE:I" >"RRI0A ":0 *?RIFI'"'IA: 'ARA:"0A,

"1THA?CH THE $ERE I: "RRE"R( I: THE *"BE:T( "CREE0 ?*A: I: THEARICI:"1 'A:TR"'T TA (E11 $HI'H THE EE'?TE0 $ITH THE 0E'E"(E0,'H"R1E( :E$TA: HA0CE(, I: THE "BA?:T AF *8,=8.88 and *7,74.38,RE(*E'TI/E1.

I to 1

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"0BI:I(TR"TAR, THE I:(T":T "**E11":T, TA '":'E1 THE 'A:TR"'T( TA(E11 AF THE "**E11EE(, F1ARE:I" >"RRI0A ":0 *?RIFI'"'IA: 'ARA:"0A.

1I to 1III

THE 1A$ER 'A?RT ERRE0 I: "**RA/I:C THE FI:"1 0EE0( AF ("1E I:

F"/AR AF THE "**E11EE(, CR"'I":A 1?'ERA, "RITEA THAB"( J"BIR ":0BE1M?I"0E( >"TI(":":, EE'?TE0 > THE "**E11EE, "/E1I:" ". B"C:A,'A/ERI:C *"R'E1( AF 1":0 A$:E0 > THE 0E'E"(E0, 'H"R1E( :E$TA:HA0CE(, ":0 THE 'A:TR"'T( TA (E11 'A/ERI:C $HI'H $ERE EE'?TE0> HIB 0?RI:C HI( 1IFETIBE.

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THE 1A$ER 'A?RT ERRE0 I: "**RA/I:C THE FI:"1 0EE0 AF ("1E I: F"/ARAF THE "**E11EE(, CR"'I":A 1?'ERA, "RITEA THAB"( J"BIR ":0BE1M?I"0E( >"TI(":":, *?R(?":T TA 'A:TR"'T( TA (E11 EE'?TE0 >THEB $ITH THE 0E'E"(E0, 'H"R1E( :E$TA: HA0CE(, THE TERB( ":0

'A:0ITIA:( AF $HI'H THE H"/E :E/ER 'AB*1IE0 $ITH.

1/II to 1I

THE 1A$ER 'A?RT ERRE0 I: 0E*RI/I:C THE 0E'E"(E0, 'H"R1E( :E$TA:HA0CE(, AF HI( RICHT, EER'I(E0 THRA?CH HI( "0BI:I(TR"TIA:, THEI:(T":T "**E11":T, TA '":'E1 THE 'A:TR"'T( TA (E11 AF THE"**E11EE(, CR"'I":A 1?'ERA, "RITEA THAB"( J"BIR ":0 BE1M?I"0E(>"TI(":":, ":0 I: 0ETERBI:I:C THE RICHT( AF THE ("I0 "**E11EE(A/ER RE"1 *RA*ERT $HI1E "'TI:C "( " *RA>"TE 'A?RT.

1

THE 1A$ER 'A?RT ERRE0 I: "**RA/I:C THE FI:"1 0EE0( AF ("1E I:F"/AR AF THE "**E11EE, >E1'E("R '"?(I:C, EE'?TE0 > THE "**E11EE,"/E1I:" ". B"C:A, 'A/ERI:C *"R'E1( AF 1":0 A$:E0 > THE 0E'E"(E0,'H"R1E( :E$TA: HA0CE(, ":0 THE 'A:TR"'T( TA (E11 'A/ERI:C $HI'H$ERE EE'?TE0 > HIB 0?RI:C HI( 1IFETIBE.

1I

THE 1A$ER 'A?RT ERRE0 I: "**RA/I:C THE 0EE0( AF ("1E I: F"/AR AFTHE "**E11EE, >E1'E("R '"?(I:C, "1THA?CH HE $"( I: "RRE"R( I: THE*"BE:T( "CREE0 ?*A: I: THE ARICI:"1 'A:TR"'T TA (E11 $HI'H HE

EE'?TE0 $ITH THE 0E'E"(E0, 'H"R1E( :E$TA: HA0CE(, I: THE"BA?:T AF *4,;;+.58.

1II

THE 1A$ER 'A?RT ERRE0 I: "**RA/I:C THE 0EE0 AF ("1E I: F"/AR AFTHE "**E11EE, >E1'E("R '"?(I:C, "1THA?CH THE ("BE $"( :ATEE'?TE0 I: "''AR0":'E $ITH THE R?1E( AF 'A?RT.


56/134

1III to 1I

THE 1A$ER 'A?RT ERRE0 I: AR0ERI:C THE "**E11":T, *HI1I**I:E'ABBER'I"1 ":0 I:0?(TRI"1 >": TA (?RRE:0ER THE A$:ER(0?*1I'"TE 'ERTIFI'"TE( AF TIT1E A/ER THE RE(*E'TI/E 1AT( 'A/ERE0 >THE 0EE0( AF ("1E EE'?TE0 > THE "**E11EE, "/E1I:" ". B"C:A, I:

F"/AR AF THE ATHER "**E11EE(, JA(E *">1I'A, "1FRE0A '"TE0R"1,("1/"0AR (. C?PB":, F1RE:I" >"RRI0A, *?RIFI'"'IA: 'ARA:"0A,>E1'E("R '"?(I:C, "RITEA THAB"( J"BIR, B"IB" >"TI(":": ":0CR"'I":A 1. 1?'ERA.

1II

THE 1A$ER 'A?RT ERRE0 I: RE(A1/I:C THE BATIA: AF THE "**E11EE,$E(TER: I:(TIT?TE AF TE'H:A1AC, 0"TE0 :A/EB>ER ;, 3=5, $ITHA?T": 'A* THEREAF H"/I:C >EE: (ER/E0 ?*A: THE "**E11":T, *HI1I**I:E'ABBER'I"1 O I:0?(TRI"1 >":.

1III

THE 1A$ER 'A?RT ERRE0 I: HE"RI:C ":0 'A:(I0ERI:C THE BATIA: AFTHE "**E11EE, $E(TER: I:(TIT?TE AF TE'H:A1AC, 0"TE0 :A/EB>ER ;rd,3=5, A: :A/EB>ER 4;, 3=5, $HE: THE :ATI'E FAR THE HE"RI:C THEREAF$"( FAR :A/EB>ER 48, 3=5.

1I/

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RE1IEF 'A:T"I:E0 THEREI:.

1/

THE 1A$ER 'A?RT ERRE0 I: "11A$I:C THE "**E11EE, $E(TER: I:(TIT?TEAF TE'H:A1AC, TA 'A:TI:?E *"BE:T( ?*A: " 'A:TR"'T TA (E11 THETERB( ":0 'A:0ITIA:( AF $HI'H IT H"( F"I1E0 TA F?1FI11.

1/I

THE 1A$ER 'A?RT ERRE0 I: 0ETERBI:I:C THE RICHT( AF THE "**E11EE,$E(TER: I:(TIT?TE AF TE'H:A1AC A/ER THE RE"1 *RA*ERT (?>JE'T

B"TTER AF THE 'A:TR"'T TA (E11 IT EE'?TE0 $ITH THE 0E'E"(E0,'H"R1E( :E$TA: HA0CE(, $HI1E "'TI:C "( " *RA>"TE 'A?RT.

1/II

1A$ER 'A?RT ERRE0 I: "11A$I:C THE 'A:TI:?"TIA: AF *"BE:T( >THE "**E11EE, $E(TER: I:(TIT?TE AF TE'H:A1AC, ?*A: " 'A:TR"'T TA(E11 EE'?TE0 > IT ":0 THE 0E'E"(E0, 'H"R1E( :E$TA: HA0CE(, TA "*ER(A: ATHER TH": HI( 1"$F?11 "**AI:TE0 "0BI:I(TR"TAR.


57/134

1/III

THE 1A$ER 'A?RT ERRE0 I: AR0ERI:C THE *"BE:T AF RET"I:ER( FEE(FRAB THE (?**A(E0 E(T"TE AF THE 0E'E"(E0, 1I::IE J":E HA0CE(, $HE:THERE I( :EITHER (?'H E(T"TE :AR "((ET( THEREAF.

1I

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1

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1I

THE 1A$ER 'A?RT ERRE0 I: AR0ERI:C THE *REB"T?RE 0I(TRI>?TIA: AFE(T"TE "((ET( TA "11ECE0 HEIR( AR >E:EFI'I"RIE( THEREAF, > $" AFRET"I:ER( FEE(.

1II

THE 1A$ER 'A?RT ERRE0 I: AR0ERI:C TH"T "11 FI:"1 0EE0( AF ("1EEE'?TE0 *?R(?":T TA 'A:TR"'T( TA (E11 E:TERE0 I:TA > THE0E'E"(E0, 'H"R1E( :E$TA: HA0CE(, 0?RI:C HI( 1IFETIBE, >E (IC:E0JAI:T1 &g

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