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2 Bellis v Bellis
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G.R. No. L-23678 June 6, 1967 TESTATE ESTATE OF AMOS G. BELLIS, deceased. PEOPLE'S BANK and TRUST COMPANY, executor. MARIA CRISTINA BELLIS and MIRIAM PALMA BELLIS, oppositors-appellants, vs. EDWARD A. BELLIS, ET AL., heirs-appellees. Vicente R. Macasaet and Jose D. Villena for oppositors appellants. Paredes, Poblador, Cruz and Nazareno for heirs-appellees E. A. Bellis, et al. Quijano and Arroyo for heirs-appellees W. S. Bellis, et al. J. R. Balonkita for appellee People's Bank & Trust Company. Ozaeta, Gibbs and Ozaeta for appellee A. B. Allsman. BENGZON, J.P., J.: This is a direct appeal to Us, upon a question purely of law, from an order of the Court of First Instance of Manila dated April 30, 1964, approving the project of partition filed by the executor in Civil Case No. 37089 therein.1äwphï1.ñët The facts of the case are as follows: Amos G. Bellis, born in Texas, was "a citizen of the State of Texas and of the United States." By his first wife, Mary E. Mallen, whom he divorced, he had five legitimate children: Edward A. Bellis, George Bellis (who pre-deceased him in infancy), Henry A. Bellis, Alexander Bellis and Anna Bellis Allsman; by his second wife, Violet Kennedy, who survived him, he had three legitimate children: Edwin G. Bellis, Walter S. Bellis and Dorothy Bellis; and finally, he had three illegitimate children: Amos Bellis, Jr., Maria Cristina Bellis and Miriam Palma Bellis. On August 5, 1952, Amos G. Bellis executed a will in the Philippines, in which he directed that after all taxes, obligations, and expenses of administration are paid for, his distributable estate should be divided, in trust, in the following order and manner: (a) $240,000.00 to his first wife, Mary E. Mallen; (b) P120,000.00 to his three illegitimate children, Amos Bellis, Jr., Maria Cristina Bellis, Miriam Palma Bellis, or P40,000.00 each and (c) after the foregoing two items have been satisfied, the remainder shall go to his seven surviving children by his first and second wives, namely: Edward A. Bellis, Henry A. Bellis, Alexander Bellis and Anna Bellis Allsman, Edwin G. Bellis, Walter S. Bellis, and Dorothy E. Bellis, in equal shares.1äwphï1.ñët Subsequently, or on July 8, 1958, Amos G. Bellis died a resident of San Antonio, Texas, U.S.A. His will was admitted to probate in the Court of First Instance of Manila on September 15, 1958. The People's Bank and Trust Company, as executor of the will, paid all the bequests therein including the amount of $240,000.00 in the form of shares of stock to Mary E. Mallen and to the three (3) illegitimate children, Amos Bellis, Jr., Maria Cristina Bellis and Miriam Palma Bellis, various amounts totalling P40,000.00 each in satisfaction of their respective legacies, or a total of P120,000.00, which it released from time to time according as the lower court approved and allowed the
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Transcript of 2 Bellis v Bellis
G.R. No. L-23678 June 6, 1967TESTATE ESTATE OF AMOS G. BELLIS, dece!ed. "EO"LE#S BAN$ nd TR%ST &OM"AN', executor. MARIA &RISTINA BELLIS nd MIRIAM "ALMA BELLIS, oppositors-appellants, vs.E()AR( A. BELLIS, ET AL., heirs-appellees.Vicente R. Macasaet and Jose D. Villena for oppositors appellants.Paredes, Poblador, Cruz and Nazareno for heirs-appellees E. A. ellis, et al.!ui"ano and Arro#o for heirs-appellees $. %. ellis, et al.J. R. alon&ita for appellee People's an& ( )rust Co*pan#.+zaeta, ,ibbs and +zaeta for appellee A. . Alls*an.BENG*ON, J."., J.:This is a direct appeal to Us, upon a question purely of law, from an order of the Court of First Instance of Manila dated pril !", #$%&, approvin' the pro(ect of partition filed )y the executor in Civil Case *o. !+",$ therein.-./ph0-.12tThe facts of the case are as follows-mos .. /ellis, )orn in Texas, was 0a citi1en of the 2tate of Texas and of the United 2tates.0 /y his first wife, Mary 3. Mallen, whom he divorced, he had five le'itimate children- 3dward . /ellis, .eor'e /ellis 4who pre-deceased him in infancy5, 6enry . /ellis, lexander /ellis and nna /ellis llsman7 )y his second wife, 8iolet 9ennedy, who survived him, he had three le'itimate children- 3dwin .. /ellis, :alter 2. /ellis and ;orothy /ellis7 and finally, he had three ille'itimate children- mos /ellis, n u'ust ?, #$?@, mos .. /ellis executed a will in the =hilippines, in which he directed that after all taxes, o)li'ations, and expenses of administration are paid for, his distri)uta)le estate should )e divided, in trust, in the followin' order and manner- 4a5 A@&","""."" to his first wife, Mary 3. Mallen7 4)5 =#@","""."" to his three ille'itimate children, mos /ellis,
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