bellis vs bellis

5
Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-23678 June 6, 1967 TESTATE ESTATE OF AMOS G. BELLIS, deceased. PEOPLE'S BANK and TRUST COMPANY, executor. MARIA CRISTINA BELLIS and MIRIAM PALMA BELLIS, oppositors- appellants, vs. EDWARD A. BELLIS, ET AL., heirs-appellees. Vicente R. Macasaet and Jose D. Villena for oppositors appellants. Paredes, Poblador, Cruz and Nazareno for heirs-appellees E. A. Bellis, et al. Quijano and Arroyo for heirs-appellees W. S. Bellis, et al. J. R. Balonkita for appellee People's Bank & Trust Company. Ozaeta, Gibbs and Ozaeta for appellee A. B. Allsman. BENGZON, J.P., J.: This is a direct appeal to Us, upon a question purely of law, from an order of the Court of First Instance of Manila dated April 30, 1964, approving the project of partition filed by the executor in Civil Case No. 37089 therein.1äwphï1.ñët The facts of the case are as follows: Amos G. Bellis, born in Texas, was "a citizen of the State of Texas and of the United States." By his first wife, Mary E. Mallen, whom he divorced, he had five legitimate children: Edward A. Bellis, George Bellis (who pre-deceased him in infancy), Henry A. Bellis, Alexander Bellis and Anna Bellis Allsman; by his second wife, Violet Kennedy, who survived him, he had three legitimate children: Edwin G. Bellis, Walter S. Bellis and Dorothy Bellis; and finally, he had three illegitimate children: Amos Bellis, Jr., Maria Cristina Bellis and Miriam Palma Bellis. On August 5, 1952, Amos G. Bellis executed a will in the Philippines, in which he directed that after all taxes, obligations, and expenses of administration are paid for, his distributable estate should be divided, in trust, in the following order and manner: (a) $240,000.00 to his first wife, Mary E. Mallen; (b) P120,000.00 to his three illegitimate children, Amos Bellis, Jr., Maria Cristina Bellis, Miriam Palma Bellis, or P40,000.00 each and (c) after the foregoing two items have been satisfied, the remainder shall go to his seven

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bellis case

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Republic of the PhilippinesSUPREME COURTManilaEN BANCG.R. No. L-23678 June 6, 1967TESTATE ESTATE OF AMOS G. BELLS, !e"e#$e!. PEOPLE%S BAN& #n! TRUST COMPAN', executor. MARA CRSTNA BELLS #n! MRAM PALMA BELLS, oppositors-appellants, vs.E()AR( A. BELLS, ET AL., heirs-appellees.Vicente R. Macasaet and Jose D. Villena for oppositors appellants.Paredes, Poblador, Cruz and Nazareno for heirs-appellees E. A. ellis, et al.!ui"ano and Arro#o for heirs-appellees $. %. ellis, et al.J. R. alon&ita for appellee People's an& ( )rust Co*pan#.+zaeta, ,ibbs and +zaeta for appellee A. . Alls*an.BENG*ON, J.P., J.:This is a direct appeal to s, upon a !uestion purel" of la#, fro$ an order of the Court of %irst &nstance of Manila dated April '(, )*+,, approvin- the pro.ect of partition /led b" the executor in Civil Case No. '0(1* therein.-./ph0-.12tThe facts of the case are as follo#s2A$os 3. Bellis, born in Texas, #as 4a citi5en of the 6tate of Texas and of the nited 6tates.4 B" his /rst #ife, Mar" E. Mallen, #ho$ he divorced, he had /ve le-iti$ate children2 Ed#ard A. Bellis, 3eor-e Bellis 7#ho pre-deceased hi$ in infanc"8, 9enr" A. Bellis, Alexander Bellis and Anna Bellis Alls$an: b" his second #ife, ;iolet