Sei sulla pagina 1di 1

RULE 82

Section 2

 The purpose of administration is the liquidation of the estate and distribution of the residue among the heirs and legatees. Liquidation means the
determination of all the assets of the estate and payment of all debts and expenses. Approval of the project of partition does not necessarily terminate
administration.
 Temporary absence from the state on account of ill health, or on account of business, or for purposes of travel or pleasure, would not necessarily establish
the fact that an executor has removed from the state, within the intent of the statute
 Grounds enumerated are not exclusive (other grounds: appointment through false or incorrect representations)

Degree of Care

 Lao v. Genato: Occupies a position of the highest trust and confidence. He is required to exercise reasonable diligence and act in entire good faith in the
performance of that trust. Although he is not a guarantor or insurer of the safety of the estate nor is he expected to be infallible, yet the same degree of
prudence, care and judgment which a person of a fair average capacity and ability exercises in similar transactions of his own, serves as the standard by
which his conduct is to be judged Lack of care, foresight, or business capacity endangering the safety of the estate, and capacity for care and foresight need
not be evidenced by the accumulation of any considerable estate

Section 2

 Order of removable is appealable

RULE 83

Section 1

 The fact that an inventory was filed after the three-month period would not deprive the probate court of jurisdiction to approve it. However, an
administrator's unexplained delay in filing the inventory may be a ground for his removal

Section 3

 The sale of the estate is unnecessary when the cash in the possession of the administratrix corresponding to the one-half of the estate adjudicated to the
heirs is sufficient for the monthly allowance being paid to the latter, and the lower court may not order said sale especially when the heirs are opposed to
it.
 It is settled that allowances for support under this section should not be limited to the "minor" or "incapacitated" children of the deceased. Under Article
188 of the Civil Code (Now Article 133 of the Family Code) during the liquidation of the conjugal partnership, the deceased's legitimate spouse and
children, regardless of their age, civil status or gainful employment are entitled to provisional support from the funds of the estate.

Potrebbero piacerti anche