ACAIN vs. HON. INTERMEDIATE APPELLATE COURT
CONSTANTINO C. ACAIN vs. HON. INTERMEDIATE APPELLATE COURT, VIRGINIA A. FERNANDEZ and ROSA DIONGSON G.R. No. 72706 October 27, 1987 PARAS, J.: Facts: Constantino Acain filed on the RTC, a petition for the probate of the will of the late Nemesio Acain and for the issuance to the same petitioner of letters testamentary, on the premise that Nemesio Acain died leaving a will in which petitioner and his brothers Antonio, Flores and Jose and his sisters Anita, Concepcion, Quirina and Laura were instituted as heirs. The will contained provisions on burial rites, payment of debts, and the appointment of a certain Atty. Ignacio G. Villagonzalo as the executor of the testament. On the disposition of the testator's property, the will provided: THIRD: All my shares that I may receive from our properties. house, lands and money which I earned jointly with my wife Rosa Diongson shall all be given by me to my brother SEGUNDO ACAIN Filipino, widower, of legal age and presently residi...