Solla vs.

Ascuenta
Facts of the Case:
1. The Court finds that the plaintiffs Rosenda Lagmay and Silvestra Sajor are the surviving
legatees of the testratri !aria Solla.
". That the defendant #rsula is the $ido$ of the deceased Leandro Serano% that the other
defendants Simeon% Cesario% Santiago% &rimitava and !aima surnamed Serrano are
the children of Leandro Serrano $ho died on Augut '% 1("1.
). Leandro during his lifetime possessed and enjoyed the said property up to the day fo his
death.
*. +t $as ordered that a partition% in accordance $ith the la$% ,e made of the land in $hich
the plaintiffs have a participation. +t $as also ordered that the defendant% eecutor
Serrano% deliver to the plaintiffs their respective share in cash or in other property% as a
legacy.
+ssue: -hether or not the order of partition is valid.
The Court /eld:
!aria Solla confirms on the fifth clause of her $ill 0uoted% in $hich she says: 12n account of
the fact that all the property of the deceased Capitana Solla is ,e0ueathed to my son Simeon + order
him not to forget the souls of my grandmother3s relatives.1
+n the present case% it clearly appearing that it $as !ari Solla3s intention% in ordering her
universal heir Leandro Serrano in her $ill at the hour of his death% to insist upon the compliance of
her orders ,y his heirs% that the latter should comply $ith her pious orders and that she did not mean
her orders concerning her legacies% the compliance of $hich she had entrusted to Leandro Serrano%
$e are authori4ed to restrict the application of the $ords 1all that + have here ordered1 used ,y the
said !aria Solla and the $ords 1all her orders1 used ,y Leandro Serrano in their respective $ills
limiting them to the pious orders and su,stituting the phrase 1in regard to the annual masses1 after
the $ords used ,y ,oth testators% respectively.