Saturday, March 15, 2014

[Digests] UNREPORTED CASES

Vda. de Paz vs. Vda. de Madrigal 100 Phil 1085 (1956)

Facts:
This is an appeal from the order of the CFI dismissing Vda. de Paz's action to recover possession and ownership of 7 parcels of land in Camarines Sur, 1 parcel in Marinduque and 1 parcel in Manila.

Held: The appeal is granted. Amend the complaint to include the executrix of the estate as defendant.


Rodriguez vs. Jose Ynza 97 Phil 1003 (1955)

Facts:
-CFI Iloilo authorized the payment for Atty Tirol's legal services
-Ynza opposed and appealed arguing that Atty Tirol's service was rendered to a trustee and admin of the estate and NOT the estate itself.

ISSUE: WON the payment for Atty Tirol's services is chargeable to the estate?

HELD: YES. In this case, Atty Tirol was counsel for the trustee in 8 cases all of which involved estate property. Atty Tirol's success in those 8 cases undoubtedly benefited the estate.

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