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ESCOLIN
Short Summary:
Mr. and Mrs Hodges both made in their wills provisions that
upon their deaths, their whole estates should be inherited by
the surviving spouse and that spouse could manage and
alienate the said lands, with the exception of the Texas
property. Upon death of the latter spouse, the residue of the
estate inherited by the later spouse from the spouse who
predeceased him would redound to the brothers and sisters.
Mrs. Hodges died first then Mr. Hodges, but since there was no
liquidation of Mrs. Hodges estate, the brothers and sisters of
Mrs. Hodges wanted to determine the extent of her estate
that they could inherit.
, PCI VS. ESCOLIN
56 SCRA 266
FACTS:
Linnie Jane Hodges died giving her testamentary provisions to
her husband. At the time of her death, she was citizen of
Texas but, was, however domiciled in the Philippines. To see
whether the testamentary provisions are valid, it is apparent
and necessary to know what law should be applied.
ISSUE:
Whether or not laws of Texas is applicable.
RULING:
It is necessary that the Texas law be ascertained. Here it must
be proven whether a renvoi will happen or whether Texas law
makes the testamentary provisions valid. In line with Texas
law, that which should be proven is the law enforced during
the death of Hodges and not in any other time.