Castro v. Registrar of Property
Castro v. Registrar of Property
Opinion of the Court
after stating the foregoing facts, delivered the opinion of the court.
It appearing from the will of José Antonio Fuentes y Salla that he was twice married, his second wife, Efigenia Maisonet y Davila having also died before his death occurred, the property existing at the time - of his death cannot be awarded to the heirs of the widower, José Antonio Fuentes, without first proceeding to a liquidation of both marriages for the purpose of thus determining the share belonging to each spouse, and, as their representatives,-the shares belonging to their respective heirs, and for the purpose of having the proper records entered in the registry of property, in pursuance of the provisions of article 20 of the Mortgage Law in force.
Efigenia Maisonet, the second wife of José Antonio Fuentes, deceased, having died prior to the death of the latter, this is an additional reason why she did not come to inherit from
In view of articles 834 and 818 of the former Civil Code, the negative decision of the registrar of property of this city, appended to the bottom of 'the will in question, is affirmed. The documents presented are ordered to be returned, together with a certified copy of the present decision, for the information of the interested parties and other proper purposes.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.