7/27/2019 Solla vs Ascueta

http://slidepdf.com/reader/full/solla-vs-ascueta 1/1

G.R. No. 24955 September 4, 1926

JULIAN SOLLA, ET AL., plaintiffs-appellants, vs.URSULA ASCUETA, ET AL.,

defendants-appellants.

FACTS:

Dona Maria Solla’s will read: "I desire and hereby name Leandro Serrano,

my grandson and I desire him to comply with the obligation to give or to

deliver to the parish priest of this town a sufficient sum of money

necessary for a yearly novena and for an ordinary requiem mass for the 1st

to 8th days thereof and on the 9th or last day, a solemn requiem mass with

a vigil and a large bier (a stand on which a corpse or coffin is placed before

burial), - for these masses are for the repose of my soul and those of my

parents, husband, children, and other relatives. I repeat and insist that my

heir shall execute and comply with this request without fail. And at the

hour of his death, he will insist that his heirs comply with all that I have

here ordered". In the earlier part of the will, Dona Maria ordered thedistribution of legacies to her brothers, nephew, protégées and servant.

Leandro Serrano’s will on the other hand read: "I command my executor to

put all of my property in order. I order my son Simeon not to forget

annually all the souls of the relatives of my grandmother and also of mine

and to have a mass said on the 1st

and 9th days of the yearly novena and

that he erect a 1st class bier. I sincerely desire that the property of my

deceased grandmother, Capitana Maria (Solla) be disposed of in

conformity with all the provisions of her will and of mine". Leandro named

his son Simeon Serrano, as executor of his will and that he directed him to

put all of his property in order and to separate that which came from his

deceased grandmother, Maria Solla. Leandro took possession of theproperty left by his grandmother when she died on June 11, 1883. He

continued in possession of the same until his death on August 5, 1921. The

petitioners (grandnieces and grandnephews) now assail his continued

possession. The respondent is the widow of Leandro Serrano.

Issue:

What were the orders and requests that Maria Solla wanted her grandson

and his heirs to faithfully comply with? Did she want Leandro’s heirs to

continue the distribution of legacies too?

Held:

No.

Ratio: 

In order to determine the testator’s intention, the court should place itself 

as near as possible in his position, Where the language of the will is

ambiguous or doubtful, the court should take into consideration the

situation of the testator and the facts and circumstances surrounding him

at the time the will was executed. Where the testator’s intention was

manifested from the context of the will and surrounding circumstances, but

was obscured by inapt and inaccurate modes of expression, the languagewill be subordinated to the intention, in order to give effect to such

intention, as far as possible. The court may depart from the strict wording

and read the word or phrase in a sense different from that which was

ordinarily attributed to it, and for such purpose, may mould or change the

language of the will, such as restricting its application or supplying words

or phrases. In this case, it clearly appeared that it was Maria Solla’s

intention to insist upon compliance of her order by Leandro’s heirs, that

the latter should comply with the pious orders and that was nor  referring

to her order concerning the legacies. The will should  only be interpreted in

so far as the pious orders are concerned  (the prayers and masses).