ESTATE OF RODRIGUEZ

DOCTRINE:
- Neither old age, physical infirmities feebleness of mind, weakness of the memory, the appointment of a
guardian, nor eccentricities are sufficient singly or jointly to show testamentary incapacity.
- The provision in the rules of court invoked by the oppositors does not disallow an administration proceeding.
It merely gives an option to the heirs not to undertake such proceeding.

FACTS: Flaviano Rodriguezdied and left an estate amounting to Php 10,000 to the surviving heirs who are the widow, their six
children and Abelardo Rodriguez herein respondent. They were already in legal age so they entered into an agreement not to
liquidate the estate left by Flaviano Rodriguez but to place it under the administration of the widow provided that they would
be entitled to receive a portion of the income in equal shares from year to year for the needs of their families provided that
they do not exceed the participation to which they are entitled. On March 19, 1952, Abelardo Rodriguez filed a petition for
administration of their intestate estate of said deceased in spite of his knowledge that the estate had no debts and all the heirs
were of age. Other heirs upon knowing such, objected to the petition.

ISSUE: WON there could be an administrator to the estate of late Flaviano Rodriguez?

HELD:
-Yes.
-Although it is stated under Section 596 of the Code of Civil Procedure that whenever all heirs of a person who died intestate
are lawful age and legal capacity, there existing no debts due from the estate, or all the debts have been paid, the heirs may, by
agreement duly executed in writing by all of them and not otherwise, apportion and divide the estate among themselves, as
they may see fit, without court proceedings. But there is nothing in this section which prohibits said heirs from instituting
special proceedings for the administration of the intestate estate if they cannot agree on the extrajudicial partition and
appointment of the same. Their claim that the court erred when it appointed Abelardo Rodriguez as the administrator has no
weight considering that both parties submitted the names of whom they wanted to be the administrator and the court has only
made its choice only after weighing the fitness and qualifications of the persons recommended.

Facts: Several relatives of the deceased Bernabe Rodriguez opposed the filing of a petition for the probate of Bernabe’s will by his spouse
Mrtina Aruniega. Among the grounds of opposition are: (a) that the will executed was a complaint or non commandants of the same in the
instrument as that of the will of Martina, creating reciprocal benefits of each spouse. Such will is prohibited in the Civil Code and (b) that the
testator was under pressure and influence exerted by Martina.

Issue: whether the will of Bernabe maybe allowed probate.

Held: The will maybe probated. Disease as a physical weakness alone does not affect the mental capacity of the testator, unless it is of such
a nature as to render him incapable of knowing what he is doing. There was no showing that the testator’s decease or physical weakness
had affected him in that nature. Although two testators who are husband and wife, instituted the other as the Universal heir in their
respective wills are not conjoint because they are made in different instrument. They are therefore valid.