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005 Lorenzo v. Posadas (CELAJE) 3.

It appears that on May 27, 1922, one Thomas Hanley died in Zamboanga,
G.R. No. L-43082 | June 18, 1937 | Laurel, J. | Discretion of the court to appoint a Zamboanga, leaving a will and considerable amount of real and personal
trustee for the properties left by will of the decedent properties. On June 14, 1922, proceedings for the probate of his will and the
PETITIONER: PABLO LORENZO, as trustee of the estate of Thomas Hanley, deceased settlement and distribution of his estate were begun in the CFI of Zamboanga.
The will was admitted to probate. Said will provides, among other things, as
RESPONDENTS: JUAN POSADAS, JR., Collector of Internal Revenue
follows:
SUMMARY: Thomas Hanley died. He bequeathed his properties to his nephew Matthew
a. 4. I direct that any money left by me be given to my nephew Matthew Hanley.
Henley, subject to the condition that for the first 10 years after his death, the properties
cannot be disposed or sold. Upon probate of his will, the lower court deemed it necessary b. 5. I direct that all real estate owned by me at the time of my death be not sold or
otherwise disposed of for a period of ten (10) years after my death, and that the same
to appoint trustees for the management of the properties of the decedent. P.J. Moore was be handled and managed by the executors, and proceeds thereof to be given to my
the first appointed trustee, but he resigned and thus plaintiff Lorenzo then became the nephew, Matthew Hanley, at Castlemore, Ballaghaderine, County of Rosecommon,
Ireland, and that he be directed that the same be used only for the education of my
trustee of the properties. One of the issues of the case was whether or not inheritance tax brother's children and their descendants.
should have been paid when the property was delivered by the executors of the will to the
c. 6. I direct that ten (10) years after my death my property be given to the above
first trustee, Moore. The SC said yes. The law requires the payment of inheritance tax mentioned Matthew Hanley to be disposed of in the way he thinks most
when the property is delivered to the beneficiary, and the SC said that the delivery to the advantageous.

trustee, Moore, in this case, constituted delivery to the beneficiary. d. 8. I state at this time I have one brother living, named Malachi Hanley, and that my
nephew, Matthew Hanley, is a son of my said brother, Malachi Hanley.

DOCTRINE: The probate court can certainly exercise sound judgment in appointing a 4. The CFI of Zamboanga considered it proper for the best interests of the estate
trustee to carry into effect the provisions of the will. It is true that the word "trust" is not to appoint a trustee to administer the real properties which, under the will,
mentioned or used in the will but the intention to create one is clear. No particular or were to pass to Matthew Hanley ten years after the two executors named in
the will, was, on March 8, 1924, appointed trustee.
technical words are required to create a testamentary trust. To constitute a valid
testamentary trust there must be a concurrence of three circumstances: (1) Sufficient 5. Moore took his oath of office and gave bond on March 10, 1924. He acted as
words to raise a trust; (2) a definite subject; (3) a certain or ascertain object; statutes in trustee until February 29, 1932, when he resigned and the plaintiff Lorenzo
herein was appointed in his stead.
some jurisdictions expressly or in effect so providing. There is no doubt that the testator
intended to create a trust. He ordered in his will that certain of his properties be kept 6. During the incumbency of the plaintiff Lorenzo as trustee, the defendant
together undisposed during a fixed period, for a stated purpose, to a specified beneficiary, Collector of Internal Revenue, alleging that the estate left by the deceased at
his nephew Matthew. the time of his death consisted of realty valued at P27,920 and personalty
valued at P1,465, and allowing a deduction of P480.81, assessed against the
estate an inheritance tax in the amount of P1,434.24 which, together with the
FACTS: penalties for delinquency in payment consisting of a 1 per cent monthly
interest from July 1, 1931 to the date of payment and a surcharge of 25 per
1. On October 4, 1932, the plaintiff Pablo Lorenzo, in his capacity as trustee of cent on the tax, amounted to P2,052.74.
the estate of Thomas Hanley, deceased, brought this action in the CFI of
Zamboanga against the defendant, Juan Posadas, Jr., then the Collector of 7. On March 15, 1932, the defendant Collector filed a motion in the
Internal Revenue, for the refund of the amount of P2,052.74, paid by the testamentary proceedings pending before the CFI of Zamboanga (Special
plaintiff as inheritance tax on the estate of the deceased, and for the collection proceedings No. 302) praying that the trustee, plaintiff Lorenzo, be ordered
of interest thereon at the rate of 6 per cent per annum, computed from to pay to the Government the said sum of P2,052.74. The motion was granted.
September 15, 1932, the date when the aforesaid tax was [paid under protest. 8. On September 15, 1932, the plaintiff Lorenzo paid said amount under protest,
2. The defendant Posadas set up a counterclaim for P1,191.27 alleged to be notifying the defendant Collector at the same time that unless the amount was
interest due on the tax in question and which was not included in the original promptly refunded suit would be brought for its recovery. The defendant
assessment. From the decision of the CFI of Zamboanga dismissing both the Collector overruled the plaintiff Lorenzo's protest and refused to refund the
plaintiff's complaint and the defendant's counterclaim, both parties appealed said amount, hence this case.
to this court.
ISSUES: vested in him. The mere fact that the estate of the deceased was placed in
trust did not remove it from the operation of our inheritance tax laws or
1. W/N there been delinquency in the payment of the inheritance tax? Yes, the
exempt it from the payment of the inheritance tax.
inheritance tax should have been paid when then property was delivered to
the original trustee, Moore, by the executors of the will. 9. The corresponding inheritance tax should have been paid on or before March
10, 1924, to escape the penalties of the laws. This is so for the reason already
stated that the delivery of the estate to the trustee was in esse delivery of the
RULING: The judgment of the lower court is accordingly modified, with costs same estate to the cestui que trust, the beneficiary in this case. A trustee is
against the plaintiff in both instances. So ordered. but an instrument or agent for the cestui que trust.
10. When Moore accepted the trust and took possession of the trust estate he
thereby admitted that the estate belonged not to him but to his cestui que trust.
RATIO: He did not acquire any beneficial interest in the estate. He took such legal
1. The defendant Collector maintains that it was the duty of the executor to pay estate only as the proper execution of the trust required and, his estate ceased
the inheritance tax before the delivery of the decedent's property to the upon the fulfillment of the testator's wishes. The estate then vested absolutely
trustee. in the beneficiary.
2. Stated otherwise, the defendant Collector contends that delivery to the 11. The highest considerations of public policy also justify the conclusion we
(original) trustee, Moore, was delivery to the cestui que trust, the beneficiary have reached. Were we to hold that the payment of the tax could be postponed
in this case, within the meaning of the first paragraph of subsection (b) of or delayed by the creation of a trust of the type at hand, the result would be
section 1544 of the Revised Administrative Code. This contention is well plainly disastrous.
taken and is sustained.
12. Testators may provide, as Thomas Hanley has provided, that their estates be
3. The appointment of P. J. M. Moore as trustee was made by the trial court in not delivered to their beneficiaries until after the lapse of a certain period of
conformity with the wishes of the testator as expressed in his will. It is true time. In the case at bar, the period is ten years. In other cases, the trust may
that the word "trust" is not mentioned or used in the will but the last for fifty years, or for a longer period.
intention to create one is clear. No particular or technical words are required 13. The collection of the tax would then be left to the will of a private individual.
to create a testamentary trust.
The mere suggestion of this result is a sufficient warning against the
4. The words "trust" and "trustee", though apt for the purpose, are not necessary. acceptance of the essential to the very existence of government.
In fact, the use of these two words is not conclusive on the question that a
14. The obligation to pay taxes rests not upon the privileges enjoyed by, or the
trust is created. "To create a trust by will the testator must indicate in the will protection afforded to, a citizen by the government but upon the necessity of
his intention so to do by using language sufficient to separate the legal from money for the support of the state. For this reason, no one is allowed to object
the equitable estate, and with sufficient certainty designate the beneficiaries,
to or resist the payment of taxes solely because no personal benefit to him
their interest in the trust, the purpose or object of the trust, and the property
can be pointed out.
or subject matter thereof.
5. Stated otherwise, to constitute a valid testamentary trust there must be a
concurrence of three circumstances: (1) Sufficient words to raise a trust; (2)
a definite subject; (3) a certain or ascertain object; statutes in some
jurisdictions expressly or in effect so providing."
6. There is no doubt that the testator intended to create a trust. He ordered in his
will that certain of his properties be kept together undisposed during a fixed
period, for a stated purpose.
7. The probate court certainly exercised sound judgment in appointment a
trustee to carry into effect the provisions of the will.
8. P. J. M. Moore became trustee on March 10, 1924. On that date trust estate

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