Fulgencio v. Gatchalian

TORRES, J.:

This is an appeal raised through a bill of exception by counsel for the defendants, from a judgment rendered by the Honorable Judge Isidro Paredes. On August 17, 1908, Josefa Fulgencio, the administratrix of the intestate estate of Dionisio Fulgencio, filed with the Court of First Instance of Pangasinan a written complaint, amended on the 26th of the same month, against Benita Gatchalian, Petrona Clavo, Emeteria Cristobal, Leoncia Belen, and Gabriela Lopez, the latter represented by her husband, named Paning, alleging that by virtue of letters of administration, issued in her behalf on July 22, 1908, in case No. 203, she entered upon the discharge of the duties of her office with full powers to take possession of and to administer all the property of the estate of the deceased Dionisio Fulgencio; that, of the defendants, Benita Gatchalian is a widow, Petrona, Emeteria and Leoncia, single, and Gabriela, the wife of the said Panong; that Benita Gatchalian, by order of July 27, was appointed administratrix, conjointly with the plaintiff, of the estate of the said deceased, the required letters of administration having been issued to her, although, by a writing of the date of August 6, Gatchalian tendered her resignation as administratrix, which was accepted by the court, wherefore the plaintiff was the sole party upon whom it was incumbent by law to fulfill the said office; that the defendants Petrona, Emeteria, Leoncia and Gabriela were then incharge of a part of the estate of the deceased and were under the care and direction of the defendant Gatchalian; that the deceased, Dionisio Fulgencio, legally married, in second wedlock, the defendant Benita Gatchalian, with whom he did not have, during the time they were married, any surviving or posthumous child, and left only one legitimate son, by his first marriage, named Fernando Fulgencio, on marrying Gatchalian, brought the sum of 2,500 pesos Mexican currency as shown as private property; that the conjugal partnership of the deceased Fulgencio with the said Gatchalian, and the aforementioned sum, produced, up to the time of the husband's death, several thousands pesos, all the property of the said partnership consisting of the following: A. A house of mixed material, constructed on land belonging to a third party and situated on calle Rizal of the pueblo of Bautista, assessed at .

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. P400.00 B. A lot containing a warehouse, built of strong materials and with four doors, on the same street and in the same pueblo, assessed at . .

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602.90 C. A bakery, called "El Porvenir," with all its accessories and stock, and a cigar and cigarette stand, installed in the house previously described, the reasonable value of all of which is . .

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600.00 D. A bazar of foreign and domestic articles and a shop for the sale of cloth, installed in the said warehouse and reasonably worth . . .

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. . 1,000.00 E. A share of stock in a cockpit in the municipality of Bautista, worth .

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. 650.00 F. Three carabaos, reasonably worth, altogether . .

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. . 120.00 G. Various articles of household furniture, reasonably worth, altogether .

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. 100.00 H. Four shops for the sale of cloth, situated in the market of Bautista, worth altogether, at a reasonable valuation . .

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. 1,000.00 Total . .

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