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    Tiangco Vs Francisco 1939 (Trustee) (D)

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    Angelic Archer
    The lower court had the power to require the resignation of the trustees based on a showing that their continued service would prejudice the estate. The will of Petrona Francisco created a continuing trust for religious activities but did not name specific beneficiaries. The trustees were appointed by the lower court but did not have a personal beneficial interest in the estate. The same court later found that the trustees had not faithfully discharged their duties and their continued service would cause further harm, so it was within its discretion to remove them. The appellate court upheld the lower court's finding.

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    Tiangco Vs Francisco 1939 (Trustee) (D)

    Uploaded by

    Angelic Archer
    26 views1 page
    The lower court had the power to require the resignation of the trustees based on a showing that their continued service would prejudice the estate. The will of Petrona Francisco created a continuing trust for religious activities but did not name specific beneficiaries. The trustees were appointed by the lower court but did not have a personal beneficial interest in the estate. The same court later found that the trustees had not faithfully discharged their duties and their continued service would cause further harm, so it was within its discretion to remove them. The appellate court upheld the lower court's finding.

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    digest

    Original Title

    Tiangco vs Francisco 1939 [Trustee] [d]

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    The lower court had the power to require the resignation of the trustees based on a showing that their continued service would prejudice the estate. The will of Petrona Francisco created a continuing trust for religious activities but did not name specific beneficiaries. The trustees were appointed by the lower court but did not have a personal beneficial interest in the estate. The same court later found that the trustees had not faithfully discharged their duties and their continued service would cause further harm, so it was within its discretion to remove them. The appellate court upheld the lower court's finding.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    26 views1 page

    Tiangco Vs Francisco 1939 (Trustee) (D)

    Uploaded by

    Angelic Archer
    The lower court had the power to require the resignation of the trustees based on a showing that their continued service would prejudice the estate. The will of Petrona Francisco created a continuing trust for religious activities but did not name specific beneficiaries. The trustees were appointed by the lower court but did not have a personal beneficial interest in the estate. The same court later found that the trustees had not faithfully discharged their duties and their continued service would cause further harm, so it was within its discretion to remove them. The appellate court upheld the lower court's finding.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    SpecPro Digest Midterm

    FRANCISCOS TESTATE ESTATE. TIANGCO VS FRANCISCO


    1939 [trustees 1]
    Facts:
    Petrona Francisco provided in her will that the income derived
    from the portion of her fishpond shall be devoted
    1] for the celebration of the Flores de Mayo and
    2] for other religious activities
    Casimiro Tiangco was appointed as trustee, upon the probate of
    the will
    Proceso Francisco filed an opposition [due to] the fact that the
    submission of the 1935 annual report to the court was irregular
    Jan 30 1937: after the examination of the accounts it was of no
    legal force and effect
    Mar 22 37: Francisco requested for the temporary substitution
    of the trustees
    trustees opposed
    Francisco opposed again to the 1936 report submitted
    Apr 26 38: court order the resignation of the trustees
    - Father Arcaira was appointed as a temporary trustee
    ISSUE
    W/N THE LOWER COURT HAS THE POWER TO REQUIRE THE
    RESIGNATION OF THE TRUSTEES YES
    HELD

    The power to appoint a trustee is discretionary with the court


    before whom application is made
    court will decline to interfere except in case of clear abuse
    upon proper showing that the interests of justice would be
    adequately served with the removal of the incumbent trustees it
    is likewise within its discretion to do so (section 587, Code of Civil
    Procedure)
    - court will refuse to interfere in the absence of a showing
    of grave abuse or whimsical and capricious exercise of that
    discretion
    will of the deceased, Petrona Francisco created a continuing
    trust, but no particular persons were named as beneficiaries
    appellants themselves did not have anything to do with the
    trust until their appointment by the lower court
    - so commissioned not because of any beneficial interest
    they had in the estate but because their selection was approved by
    the lower court in the belief that they would faithfully perform their
    obligations
    same court found later that they "have not faithfully discharged
    their duties and that their continuance in office would cause further
    prejudice to the estate under trusteeship,"
    [T] we cannot, on appeal, override the action of the lower
    court by reversing its finding, and indirectly sanction the violation
    of an unquestioned and legally existing trust

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