3 G.R. No.
L-48627 February 19, 1943 those not disposed of in the will be adjudicated in equal parts to the
brothers and nieces of the deceased."
TESTATE ESTATE OF VICENTE SINGSON PABLO, deceased. ROSALIA
ROSARIO VDA. DE SINGSON, petitioner-appellee, ISSUE
vs.
JOSEFINA F. VDA. DE LIM, oppositor-appellee, What is the proper interpretation of clause 8 of the will?
EMILIA FLORENTINO, ET AL., oppositors-appellees,
EVARISTO SINGSON, ET AL., oppositors-appellants. RULING
FACTS Said clause provides that "all of my properties not disposed of otherwise in this
testament shall be distributed in equal parts to all who are entitled thereto."
● Don Vicente Singson Pablo, a lawyer of Vigan, Ilocos Sur, died on
April 15, 1938, without any descendant or ascendant, his nearest In this connection appellants invoke article 751 of the Civil Code, which
surviving relatives being his widow Doña Rosalia Rosario, four provides that "a disposition made in general terms in favor of the
brothers, and four nieces, the children of a deceased sister. He testator's relatives shall be understood as made in favor of those nearest
left a will which was duly probated, clause 8 of which reads as in degree."
follows:
The trial court noted that the testator, who was a lawyer, did not use the word
Octavo. — Orderno y mando que todos mis bienes no "relatives" in the clause in question. We do not need to decide here whether,
dispuestos de otro modo en este testamento, se distribuiran had the testator used the word "relatives," the nieces would be excluded.
en partes iguales a todos los que tienen derecho a ello.
The authorities differ on the interpretation of article 751. Some hold that under
Translation: said article the nephews and nieces inherit by representation together with the
Eighth. - I order and command that all my property not brothers and sisters of the testator, as in legal succession; while others,
otherwise provided in this will be distributed equally to all who Manresa among them, hold that said article excludes nephews and nieces
are entitled to it. when brothers and sisters survive.
● The widow, as administratrix, presented a project of partition in We think the testator, by referring to "all who are entitled thereto,"
which the properties not disposed of in the will were adjudicated instead of referring to his "relatives," precisely meant to avoid the
to the four brothers and the four nieces of the deceased "in the uncertainty of the interpretation of article 751 and to indicate his wish
proportion provided in paragraph 8 of the will." that the residue of his estate be distributed in equal parts to all who
would have been entitled to inherit from him had he died intestate.
● The brothers, appellants herein, objected to the project of partition
insofar as it includes the nieces of the deceased, on the ground The order appealed from is AFFIRMED. (The nieces should be included in the
that under clause 8 of the will, in relation to article 751 of the Civil division.)
Code, they were not entitled to any share.
● The nieces also objected to the project of partition, alleging that Art. 959. A disposition made in general terms in favor of the testator's relatives
certain other specified properties had been omitted therefrom, shall be understood to be in favor of those nearest in degree. (751)
which formed part of the properties not disposed of and which under
clause 8 of the will "should be distributed in equal parts to all who are
entitled thereto."
● The trial court sustained the contention of the nieces (appellees
herein) and ordered the administratrix "to amend the project of
partition so as to include therein the said properties and that all of
