de Leon vs. Molo-Peckson

G.R. No. L-17809

December 29, 1962

RESURRECCION DE LEON, ET AL.,  AL.,   vs. EMILIANA MOLO-EC!SON, ET AL., "ACTS# 1.

In 1941, Mariano Mariano Molo y Legaspi Legaspi died leaving a will wherein he bequeathed bequeathed his entire estate estate to his wife, Juana Juana Juan. On May May 11, 11, 194, Juana Juan in turn e!e"uted a will na#ing therein #any devisees and legatees, legatees, one of who# is $an %afael, #other of the plaintiffs and defendantt &ilar &ere' (able. On June ), 194, however, Juana Juan e!e"uted a donation inter vivos in defendan vivos in favor of *#iliana Molo+&e"son and &ilar &ere' (able of al#ost all of her entire property leaving only about &1-,. worth of property for the devisees #entioned in the will. /#ong the properties "onveyed "onvey ed to the donees are the ten par"els of land sub0e"t of the present a"tion. Juana Juan died on May , 192.

.

On 3e"e#ber 3e"e#ber 2, 192, 192, *#iliana Molo+&e"son Molo+&e"son and &ilar &ere' &ere' (able e!e"uted a do"u#ent do"u#ent whi"h they they "alled M565/L M565/L /7%**M*(6 the pertinent pertinent provisio provisions ns of whi"h are8 1that 1that the following following lots should be sold at O(* :1 &*$ &*$O O 6O ; J5$6/ 3* 3* L*O( and %*$5%%*