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30 Miciano Vs Brimo 50 Phil 867

A Turkish testator's will stated that his Philippine estate should be distributed according to Philippine law. One of the testator's brothers opposed the administrator's distribution plan, which excluded the brother. The court ruled that a foreigner's will cannot ignore the testator's national law, which is Turkish law in this case, in governing testamentary dispositions. Therefore, the estate must be distributed according to Turkish law, and the brother's inheritance would not be forfeited as stated in the invalid provision.

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121 views1 page

30 Miciano Vs Brimo 50 Phil 867

A Turkish testator's will stated that his Philippine estate should be distributed according to Philippine law. One of the testator's brothers opposed the administrator's distribution plan, which excluded the brother. The court ruled that a foreigner's will cannot ignore the testator's national law, which is Turkish law in this case, in governing testamentary dispositions. Therefore, the estate must be distributed according to Turkish law, and the brother's inheritance would not be forfeited as stated in the invalid provision.

Uploaded by

Patrick San Antonio
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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30. Miciano vs.

Brimo 50 Phil 867

G.R. No. L-22595 November 1, 1927

Testate Estate of Joseph G. Brimo, JUAN MICIANO, administrator, petitioner-appellee,


vs.
ANDRE BRIMO, opponent-appellant.

FACTS: A will of a Turkish testator (Joseph Brimo) provided that his Philippine
estate is disposed of in accordance with the Philippine Law. The testator further
provided that whoever fails to comply with this request (that his estate be distributed
in accordance with Philippine law) would forfeit his inheritance.

The Appellant (Andre Brimo), one of the brothers of the deceased Joseph Brimo,
opposed the Appellee (Juan Miciano)'s partition scheme of the estate which denies
his participation in the inheritance.

ISSUE: Whether the Turkish Law or Philippine Law be the basis on the distribution of
Joseph Brimo's estates. Will Andre Brimo forfeit his inheritance?

RULING: The court held that the provision of a foreigner's will that his properties
shall be distributed according to Philippine law and not his national law is NOT LEGAL
because it expressly ignores the testator's national law when, according to article
16 of the civil Code, such national law of the testator is the one to govern his
testamentary dispositions.

Testator’s estate shall be distributed according to his national (Turkish) law. He


cannot provide otherwise. The appellant's inheritance will not be forfeited because
the provision is not legal.

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