Tuesday, March 4, 2014

PROBATE PROCEEDING:

     The authority of the probate court is limited to ascertaining whether the testator, being of sound mind, freely executed the will in accordance with the formalities prescribed by law. Thus, petitioner’s claim of title to the properties forming part of her husband’s estate should be settled in an ordinary action before the regular courts. (Cynthia V. Nittscher vs. Dr. Werner Karl Johann Nittscher et al., G.R. No. 160530, November 20, 2007, QUISUMBING, J.).

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