ORENDAIN vs. TRUSTEESHIP OF THE ESTATE OF DOA MARGARITA RODRIGUEZ
HILARION, JR. and ENRICO ORENDAIN, represented by FE D. ORENDAIN vs. TRUSTEESHIP OF THE ESTATE OF DOA MARGARITA RODRIGUEZ G.R. No. 168660 June 30, 2009 NACHURA, J.: Facts: The decedent, Doa Margarita Rodriguez, died in Manila, leaving a last will and testament. The will was admitted to probate. The CFI Manila approved the project of partition presented by the executor of Doa Margarita Rodriguezs will. At the time of her death, the decedent left no compulsory or forced heirs and, consequently, was completely free to dispose of her properties, without regard to legitimes, as provided in her will. Some of Doa Margarita Rodriguezs testamentary dispositions contemplated the creation of a trust to manage the income from her properties for distribution to beneficiaries. As regards Clause 10 of the will which explicitly prohibits the alienation or mortgage of the properties specified therein, we had occasion to hold, in Rodriguez, etc., et al. v. Court of Appeals, et al., that th...