BONDS OF EXECUTORS AND ADMINISTRATOR
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
LSPU College of Law
Testate estate of Petrona Francisco, deceased. CASIMIRO TIANGCO and MARIA TIANGCO, fiduciaries-appellants,
vs.
PROCESO FRANCISCO, petitioner-appellee
G.R. No. 46390 September 30, 1939
LAUREL, J.:
FACTS:
Petrona Francisco provided in her will that the income derived from the one half portion of her fishpond shall be devoted for the celebration of the “Flores de Mayo” and for other religious activities.
Casimiro Tiangco was appointed as trustee, upon the probate of the will. Shortly afterwards, on March 16, 1922, Maria Tiangco was also appointed co-trustee to act with Casimiro Tiangco in supervising the affairs of the trust.
Proceso Francisco filed an opposition due to the fact that the submission of the 1935 annual report to the court was irregular.
On Jan 30 1937, after the examination of the accounts it was declared of no legal force and effect. On Mar 22, 1937: Francisco requested for the temporary substitution of the trustees. Trustees opposed.
Francisco opposed again to the 1936 report submitted. On April 26 1938, the court ordered the resignation of the trustees, Father Arcaira was appointed as a temporary trustee.
ISSUE:
Whether or not the lower court has the power to require the resignation of the trustees.
HELD:
Yes. The Tiangcos, trustees herein, did not have a right to the trusteeship as they were not designated in the will to be the trustees. The power of the court to appoint the trustee is discretionary. Upon proper showing in the interests of justice would be served with the removal of the incumbent trustees, it is within the power of the court to do so.