30. Miciano vs. Brimo 50 Phil 867 G.R. No. L-22595 November 1, 1927 Testate Estate of Joseph G. Brimo, JUAN MICIANO, administrator, petitioner-appellee, vs. ANDRE BRIMO, opponent-appellant. FACTS: A will of a Turkish testator (Joseph Brimo) provided that his Philippine estate is disposed of in accordance with the Philippine Law. The testator further provided that whoever fails to comply with this request (that his estate be distributed in accordance with Philippine law) would forfeit his inheritance. The Appellant (Andre Brimo), one of the brothers of the deceased Joseph Brimo, opposed the Appellee (Juan Miciano)'s partition scheme of the estate which denies his participation in the inheritance. ISSUE: Whether the Turkish Law or Philippine Law be the basis on the distribution of Joseph Brimo's estates. Will Andre Brimo forfeit his inheritance? RULING: The court held that the provision of a foreigner's will that his properties shall be distributed according to Philippine law and not his national law is NOT LEGAL because it expressly ignores the testator's national law when, according to article 16 of the civil Code, such national law of the testator is the one to govern his testamentary dispositions. Testator’s estate shall be distributed according to his national (Turkish) law. He cannot provide otherwise. The appellant's inheritance will not be forfeited because the provision is not legal.
30. Miciano vs. Brimo 50 Phil 867G.R. No. L-22595 November 1,
1927Testate Estate of Joseph G. Brimo, JUAN MICIANO,
administrator,petitioner-appellee,vs.ANDRE
BRIMO,opponent-appellant.
FACTS: A will of a Turkish testator (Joseph Brimo) provided that
his Philippine estate is disposed of in accordance with the
Philippine Law. The testator further provided that whoever fails to
comply with this request (that his estate be distributed in
accordance with Philippine law) would forfeit his inheritance.The
Appellant (Andre Brimo), one of the brothers of the deceased Joseph
Brimo, opposed the Appellee (Juan Miciano)'s partition scheme of
the estate which denies his participation in the inheritance.
ISSUE: Whether the Turkish Law or Philippine Law be the basis on
the distribution of Joseph Brimo's estates. Will Andre Brimo
forfeit his inheritance?RULING: The court held that the provision
of a foreigner's will that his properties shall be distributed
according to Philippine law and not his national law is NOT LEGAL
because it expressly ignores the testator's national law when,
according to article 16 of the civil Code, such national law of the
testator is the one to govern his testamentary dispositions.
Testators estate shall be distributed according to his national
(Turkish) law. He cannot provide otherwise. The appellant's
inheritance will not be forfeited because the provision is not
legal.
