Nothing Special   »   [go: up one dir, main page]
Scribd Logo
Upload

Welcome to Scribd!

  • 30 views

    Maciano Vs Brimo

    Uploaded by

    Belle Concepcion
    Juan Miciano filed a scheme of partition for the estate of Joseph Brimo, a Turkish citizen. Andre Brimo opposed Miciano's participation and argued that Turkish law, not Philippine law, should govern the distribution of Brimo's estate. The court held that the condition in Brimo's will stating Philippine law should apply was an impossible condition and should be disregarded. National law of the testator, in this case Turkish law, shall govern testamentary dispositions. The court approved Miciano's partition scheme to include Andre Brimo as a legatee according to Turkish law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Maciano Vs Brimo

    Uploaded by

    Belle Concepcion
    30 views1 page
    Juan Miciano filed a scheme of partition for the estate of Joseph Brimo, a Turkish citizen. Andre Brimo opposed Miciano's participation and argued that Turkish law, not Philippine law, should govern the distribution of Brimo's estate. The court held that the condition in Brimo's will stating Philippine law should apply was an impossible condition and should be disregarded. National law of the testator, in this case Turkish law, shall govern testamentary dispositions. The court approved Miciano's partition scheme to include Andre Brimo as a legatee according to Turkish law.

    Original Description:

    succession

    Original Title

    Maciano vs Brimo

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Juan Miciano filed a scheme of partition for the estate of Joseph Brimo, a Turkish citizen. Andre Brimo opposed Miciano's participation and argued that Turkish law, not Philippine law, should govern the distribution of Brimo's estate. The court held that the condition in Brimo's will stating Philippine law should apply was an impossible condition and should be disregarded. National law of the testator, in this case Turkish law, shall govern testamentary dispositions. The court approved Miciano's partition scheme to include Andre Brimo as a legatee according to Turkish law.

    Copyright:

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

    Maciano Vs Brimo

    Uploaded by

    Belle Concepcion
    Juan Miciano filed a scheme of partition for the estate of Joseph Brimo, a Turkish citizen. Andre Brimo opposed Miciano's participation and argued that Turkish law, not Philippine law, should govern the distribution of Brimo's estate. The court held that the condition in Brimo's will stating Philippine law should apply was an impossible condition and should be disregarded. National law of the testator, in this case Turkish law, shall govern testamentary dispositions. The court approved Miciano's partition scheme to include Andre Brimo as a legatee according to Turkish law.

    Copyright:

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

    TITLE: Juan Miciano v Andre Brimo

    CITATION: GR No.22595, November 1, 1927| 50 Phil 867


    FACTS:
    Juan Miciano, judicial administrator of the estate in question,
    filed a scheme of partition. Andre Brimo, one of the brothers
    of the deceased (Joseph Brimo) opposed Micianos
    participation in the inheritance. Joseph Brimo is a Turkish
    citizen.
    ISSUE: Whether Turkish law or Philippine law will be the basis
    on the distribution of Joseph Brimos estates.
    HELD:
    Though the last part of the second clause of the will expressly
    said that it be made and disposed of in accordance with the
    laws in force in the Philippine Island, this condition, described
    as impossible conditions, shall be considered as not imposed
    and shall not prejudice the heir or legatee in any manner
    whatsoever,
    even
    should
    the
    testator
    otherwise
    provide. Impossible conditions are further defined as those
    contrary to law or good morals. Thus, national law of the
    testator shall govern in his testamentary dispositions.
    The court approved the scheme of partition submitted by the
    judicial administrator, in such manner as to include Andre
    Brimo, as one of the legatees.

    You might also like