- Petitioner
- In Re Will of the Deceased Rosario Fabie y Grey. Jose Grey
- Respondent
- Serafin Fabie
- Citation
- G.R. No. 45160
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Concepcion, J.
- Decided
- May 23, 1939
Summary
This probate case established that natural children lack standing to oppose the probate of wills of legitimate relatives of their acknowledging parent. Serafin and Jose Fabie, natural children of Ramon Fabie y Gutierrez, challenged the will of their cousin Rosario Fabie y Grey. The Supreme Court affirmed that under Article 943 of the Civil Code, natural children cannot inherit ab intestate from legitimate relatives of their acknowledging parent, creating a reciprocal bar. The Court also ruled that the right of representation does not extend to natural children of uncles/aunts, only to children of brothers/sisters. Since the oppositors had no legal interest in the estate, they lacked standing to contest probate. The decision reinforced the Civil Code's restrictions on succession rights between natural and legitimate family lines, reflecting the legal and social distinctions of the era.