ETHEL GRIMM ROBERTS, petitioner, By: Alexis De La Cruz

vs. Topic: D. Probate allowance of a Will

JUDGE TOMAS R. LEONIDAS, Branch 38, Court of First necessary
Instance of Manila; MAXINE TATE-GRIMM, EDWARD MILLER
GRIMM II and LINDA GRIMM, respondents.
GR No. L-55509
Apr. 27, 1984
Ponente: J. Aquino
DOCTRINE
The probate of the will is mandatory. It is anomalous that the estate of a person who died testate should be settled in
an intestate proceeding. Therefore, the intestate case should be consolidated with the testate proceeding and the judge
assigned to the testate proceeding should continue hearing the two cases.

Facts
 Edward M. Grimm an American resident of Manila, he died in Manila. He was survived by his second wife,
Maxine Tate Grimm and their two children, Pete and Linda and by Juanita Grimm Morris and Ethel Grimm
Roberts (petitioner), his two children by a first marriage which ended in divorce.
 The decedent executed two wills, one disposing of his properties in San Francisco while the other disposing of
his properties in the Philippines.
 The two wills were presented for probate in Utah, by Maxine (the second wife).
 Apparently, prior to the presentation of the wills in Utah, Ethel (the daughter from the first wife) already
petitioned the estate of Edward for intestate proceedings. The second wife was notified of such fact even before
she had the wills probated.
 The second wife filed an opposition to the intestate proceedings alleging the present probate proceedings in
Utah.
 Subsequently, a compromise was entered into by both parties (the children of the first family and the second
family.) The lower court granted the compromise.
 However, immediately thereafter, the second wife filed a petition for the annulment of the partition contending
that they were defrauded by herein petitioners, and that the intestate proceeding is void because the decedent
left a will.
 Ethel filed a motion to dismiss which was denied by the respondent judge.
 Ethel then filed a petition for certiorari and prohibition in the Supreme Court, praying that the testate
proceeding be dismissed, or.alternatively that the two proceedings be consolidated and heard and that the
matter of the annulment of the Utah compromise agreement be heard prior to the petition for probate.

Issue/s
WON the intestate proceeding and the compromise agreement resulting therefrom is valid. NO
Ruling
A testate proceeding is proper in this case because Grimm died with two wills and "no will shall pass either real or
personal property unless it is proved and allowed"

The probate of the will is mandatory. It is anomalous that the estate of a person who died testate should be settled in
an intestate proceeding. Therefore, the intestate case should be consolidated with the testate proceeding and the judge
assigned to the testate proceeding should continue hearing the two cases.

Ethel may file within twenty days from notice of the finality of this judgment an opposition and answer to the petition
unless she considers her motion to dismiss and other pleadings sufficient for the purpose.

Notes