Colón v. Muñiz
Colón v. Muñiz
Opinion of the Court
Alberto López Rodríguez died in Caguas on December 8, 1951. He left eleven children. Only one, Cristina, was a child of a legally constituted marriage. The other ten were children of four extramarital unions. The judgment in this litigation declared them to be natural acknowledged children. All of them accepted the judgment.
The trial court determined that “before his death Don Alberto made several deposits in the Banco de Ponce, which on his death amounted to nearly $4,000 and which account appeared under the name of his son Alberto López Muñiz...” “On his death there was also a balance of $477.60 in his favor at the Banco Popular de Puerto Rico, Caguas Branch. . .”
When López Rodríguez died, he lived with his children surnamed López-Muñiz, defendants herein, and their mother. This suit was filed in order to determine whether the $4,000 deposited in the account at the Banco de Ponce were part of the hereditary estate, or whether they belonged to Alberto López Muñiz, in whose name the account appeared. The latter’s contention was to the effect that his father had given him that amount to pursue studies in the United States. And the trial judge so held.
Thus we have a father, with eleven children, whose capital on his death only amounted to $4,477.60, and who gives $4,000 to one of his children so that the latter may study in the United States. The evidence clearly shows that the $2,000 which the court determined the father had in bonds were withdrawn from the post office before his death, and that they could not be found nor what the predecessor did with them. Defendants’ own evidence so reveals.
Aside from the legal consequences produced by the fact that a father gives one of his eleven children $4,000 from an estate of $4,477.60, § 578, Civil Code, 31 L.P.R.A. ⅞ 2023, a careful analysis of the evidence convinces us that there was no such gift. Let us se¿.
Alberto López Rodríguez opened an account in the Banco de Ponce, Caguas Branch, in the name of his son Alberto López Muñiz. This occurred on January 30, 1951. The first deposit was of $1,195.00. On the date of the death, there was a balance of $3,916.85. The evidence shows that López Muñiz studied high school during the day, and the last year he took a commercial course at night. That he graduated from both courses during the year 1951; that he needed
The explanation given by defendant to his attorney’s question does not seem adequate. He had been specifically asked whether his trip to the United States was made in order to work, and not to pursue higher studies, and he answered to this in the affirmative, explaining that he did not consider it to be higher studies. The explanation is more than unsatisfactory. Although he considers that minor surgery was not higher studies, he should have answered that he was interesed in studying minor surgery and not in working, but he should not have admitted, as he actually did, that he went to work.
This is very important to the weighing of the evidence introduced. The version that the father gave the money deposited in the Banco de Ponce to study is overcome to a great extent if the supposed donee does not leave for the United States with the intention of studying. Cf. Ruiz v. Ruiz, 61 P.R.R. 794 (1943).
Although no finding of fact was made to that effect, it appears from the evidence that the deceased had a 50 per cent interest in a house valued at $670.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.