Ex parte Vega
Ex parte Vega
Opinion of the Court
delivered the opinion of the* court.
The lower court was petitioned to appoint an administrator of the estates of Miguel Vega and Manuela Marrero.
In her verified petition to the District Court of Arecibo, Francisca Vega Hernández alleged that the spouses Manuela Marrero and Miguel Vega died testate on August 23, 1839, and January 1, 1851, respectively, the will of the former being dated August 19, 1839, and that of the latter December 8, 1850; that Manuela Marrero named Miguel Vega, her husband, and his brother José María as her executors and Miguel Vega named his said brother José María and José Leon-cio de Cambiani as.his executors, all of whom died many years ago; that the petitioner is an heir-at-law of both spouses, inasmuch as her lawful father, Gregorio Vega, was the legitimate son of Juan José Vega, who was the legitimate son
The petition concludes with a prayer that the court appoint the petitioner as administratrix in representation of the- heirs and successors in interest of Miguel Vega and Manuela Marrero with power to sue for the recovery of' the property belonging to the parties in interest, without prejudice to the right to make timely disposition regarding-the administration, partition and furnishing of bond when the time comes for taking possession of the property that may be recovered.
By its order of June 29, 1918, the Arecibo court denied
As this court has already held, an order denying reconsideration is not appealable; therefore that appeal must be dismissed. In considering the other order denying the petition for administration we must adhere to the allegations .of the petition in the proceeding and disregard other facts alleged in the motion for reconsideration tending to supply omissions or defects in the said petition as pointed out by the lower court, for, as we said in the case of Butler, et al. v. Sorondo et al., 25 P. R. R. 205, a motion for reconsideration is not the proper way to remedy deficiencies or infor-malities. Even if there had been some valid offer to amend the petition we think the court was justified in refusing to allow the amendment because of the lack of a fundamental right in the petitioners.
The petition for administration does not conform to section 23 of the Special Legal Proceeding Act of March 9, 1905, for it is not a proper petition duly showing the necessary facts, as required by that statute. Sabater v. Escudero, 23 P. R. R. 794.
It is not accompanied by evidence of the death of Manuela Marrero, Miguel Vega, Juan José and Gregorio Vega, or of the petitioner’s status, as- heir-at-law of her great-' grandparents, Manuela Marrero and Miguel Vega. In providing that the petition for administration shall set forth certain facts under oath, that statute had previously provided that the petition should show the necessary facts, and the death of the ancestors and the status as heir of the petitioner for the administration of the estates fall clearly under this category.
"When the administration of an estate is petitioned for under the Special Legal Proceedings Act the petitioner must
Moreover, we fail to see that there are any good reasons for granting administration when there is no property to be administered and the proceeding is instituted only for the purpose of suing for the recovery of property belonging to the estate of the spouses Vega-Marrero, although it is the duty of an administrator, and, until one is appointed, of an executor, to represent the deceased in all proceedings begun by or against him before his death or brought thereafter by or against the estate, pursuant to section 51 of the Special Legal Proceeding Act. Such, however, is not the object and purpose of administration, as will be seen by an examination of the statutes governing the same.
Nor is any weight to be attached to the fact that this court affirmed the judgment of the said Arecibo court in the case of Vega et al. v. Rodríguez et al., 21 P. R. R. 318, “without prejudice to the right of the plaintiffs to bring the proper
For the foregoing reasons the order denying the petition for administration should be affirmed and the appeal from the order of the court refusing to reconsider its first order should be dismissed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.