1.

Jurisdiction of probate proceedings

Q: Where will you file the petition for the allowance of the will?

A: The will shall be proved in the province where the testator/testatrix resides at the time
of his/her death. If the testator/testatrix is an inhabitant of a foreign country, in any
province where any of his/her estate may be found.

Q: In what court?
(Refer to RA 11576 an act further expanding the jurisdiction of the MTC, MeTC, MTCC,
MCTC (first level courts)

A: At the Municipal Trial Court, Metropolitan Trial Court, Municipal Trial Courts in Cities, or
Municipal Circuit Trial Courts. It has exclusive original jurisdiction of the probate of the
will if the amount of the estate does not exceed 2M. If it exceeds 2M, RTC.

Article 838. No will shall pass either real or personal property unless it is proved and allowed in
accordance with the Rules of Court.
The testator himself may, during his lifetime, petition the court having jurisdiction for the allowance
of his will. In such case, the pertinent provisions of the Rules of Court for the allowance of wills
after the testator's a death shall govern.
The Supreme Court shall formulate such additional Rules of Court as may be necessary for the
allowance of wills on petition of the testator.
Subject to the right of appeal, the allowance of the will, either during the lifetime of the testator or
after his death, shall be conclusive as to its due execution. (n)
Probate
- the act of proving before a competent court the due execution of a will by one who has
testamentary capacity and has approval thereof by the probate court

Probate Validity of testamentary provisions

Decides due execution of the document and Deals with descent and distribution
testamentary capacity of testator

Two kinds of probate:

1. during testator’s lifetime
2. after testator’s death
Note:
- even if only 1 heir has been instituted, there must still be the judicial order of adjudication
- final judgment on probated will albeit erroneous is binding to the whole world
- When a an order for distribution was not appealed despite being erroneous, it became F
and E and hence can no longer be attacked except for lack of jurisdiction or extrinsic fraud
- No judicial approval can be given to an extrajudicial partition based on a will unless the will
is first probated
In probate proceedings, the court:
a. orders probate proper of the will
b. grants testamentary letters or letters with testamentary will annexed
c. hears and approves claims against estate
d. orders payment of lawful debts
e. authorizes the sale, mortgage, or any other encumbrance of real estate
f. directs the delivery of the estate or properties to those who are entitled thereto

From Judge Sio:

a. liquidation of conjugal property
- if the deceased is survived by his wife and his children, there is a need aside from
liquidating the conjugal partnership to set apart the share of the surviving spouse in the
conjugal property, preparatory to the administration and liquidation of the estate of the
deceased
b. inventory of properties (set for hearing)
c. judge has to decide and approve the inventory
d. pay estate tax and inheritance tax
e. pay debts
f. if the net assets have been determined, determine now the legitime
g. the court will order the distribution of properties
h. if no appeal, judgment becomes F and E
i. distribution will finally be made
The petition for probate must among other things state:
1. the fact that testator is dead
2. the fact that testator left a will
3. the fact that the same was duly executed in accordance with all the legal requirements
4. the names, ages, address of executor and all interested parties
5. the probable value and character of the property of the state

Q: To be conclusive, the probate must have been conducted by a competent court with full
jurisdiction. What is that court?
A:
1. In case of non-resident testator - RTC of the province where he has real estate
2. In case a of a resident testator - RTC of the province where he resided at the time of his death
Note:
- ALL RTC have jurisdiction, the residence or domicile of the testator affects only the venue
but not the jurisdiction of the court. The rule grants the jurisdiction of the court where
jurisdiction is first invoked
Periods where petition to set aside a final judgment of a probate may be made:
1. within 60 days after petitioner learns of the judgment or order
2. within 6 months after such J or O was entered

Q: Where must a creditor file claims against the state of the deceased debtor?
A: At the settlement or admin proceeding of the estate of the deceased
The following should NOT be INCLUDED in the probate order since they affect intrinsic validity:
- Exclusion of a widow from the inheritance
- Disinheritance of a daughter
- Impairment of legitime
- Declaring a woman to be true wife of the testator
- Partitioning of conjugal properties
- Right of widow fro inheritance
- Titles to property and annulment of alleged fraudulent sales
Note: questions as to title to property cannot be passed upon in testate or intestate
proceedings except for the inclusion or exclusion from inventory of property

2. Intrinsic validity; when considered at the first stage of probate

Art. 16. Real property as well as personal property is subject to the law of the country where it is
situated.
However, intestate and testamentary successions, both with respect to the order of succession
and to the amount of successional rights and to the intrinsic validity of testamentary provisions,
shall be regulated by the national law of the person whose succession is under consideration,
whatever may be the nature of the property and regardless of the country wherein said property
may be found. (10a)

Art. 17. The forms and solemnities of contracts, wills, and other public instruments shall be
governed by the laws of the country in which they are executed.
When the acts referred to are executed before the diplomatic or consular officials of the Republic
of the Philippines in a foreign country, the solemnities established by Philippine laws shall be
observed in their execution.
Prohibitive laws concerning persons, their acts or property, and those which have for their object
public order, public policy and good customs shall not be rendered ineffective by laws or
judgments promulgated, or by determinations or conventions agreed upon in a foreign country.
(11a)

Art. 2263. Rights to the inheritance of a person who died, with or without a will, before the
effectivity of this Code, shall be governed by the Civil Code of 1889, by other previous laws, and
by the Rules of Court. The inheritance of those who, with or without a will, die after the beginning
of the effectivity of this Code, shall be adjudicated and distributed in accordance with this new
body of laws and by the Rules of Court; but the testamentary provisions shall be carried out
insofar as they may be permitted by this Code. Therefore, legitimes, betterments, legacies and
bequests shall be respected; however, their amount shall be reduced if in no other manner can
every compulsory heir be given his full share according to this Code.Article 795. The validity of a
will as to its form depends upon the observance of the law in force at the time it is made. (n)
Kinds of validity of a will:
a. extrinsic validity – forms and solemnities
 from viewpoint of time – law in force at the time of the making of the will
 from viewpoint of place or country
1. testator is Filipino PH laws or country where he execute the will
2. testator is alien who is in abroad law on domicile, nationality law, where he
execute the will, or PH laws
3. testator is an alien in the PH nationality law, laws of PH
b. intrinsic validity – legality of the provisions
 from viewpoint of time – law in force at the time of the decedent’s death
 from viewpoint of place or country – nationality law of the decedent

3. The role of lex loci celebrations

Article 815. When a Filipino is in a foreign country, he is authorized to make a will in any of the
forms established by the law of the country in which he may be. Such will may be probated in the
Philippines. (n) (relate this to Art. 16 of NCC)
If the will is probated abroad, does it has to be probated again in PH?
- No need. What is required however is that there must be a proceeding here to prove that
indeed the will had already been probated abroad and the same shall be allowed before
PH courts in the same manner as wills originally presented for allowance here

Article 816. The will of an alien who is abroad produces effect in the Philippines if made with the
formalities prescribed by the law of the place in which he resides, or according to the formalities
observed in his country, or in conformity with those which this Code prescribes. (n)
Formalities for wills executed by aliens abroad:
a. law of his residence or domicile
b. nationality law
c. PH law
d. law of the place of execution

Article 817. A will made in the Philippines by a citizen or subject of another country, which is
executed in accordance with the law of the country of which he is a citizen or subject, and which
might be proved and allowed by the law of his own country, shall have the same effect as if
executed according to the laws of the Philippines. (n)

Article 818. Two or more persons cannot make a will jointly, or in the same instrument, either for
their reciprocal benefit or for the benefit of a third person. (669)
Article 819. Wills, prohibited by the preceding article, executed by Filipinos in a foreign country
shall not be valid in the Philippines, even though authorized by the laws of the country where they
may have been executed. (733a)
4. Institution with no specified sharing
Article 846. Heirs instituted without designation of shares shall inherit in equal parts. (765)
Note:
- Not applicable when those instituted is compulsory heir, inasmuch as institution in general
refers merely to the free portion. Hence, LEGITIME MUST FIRST BE REMOVED and
what remains will be divided equally
Article 847. When the testator institutes some heirs individually and others collectively as when
he says, "I designate as my heirs A and B, and the children of C," those collectively designated
shall be considered as individually instituted, unless it clearly appears that the intention of the
testator was otherwise. (769a)

Article 848. If the testator should institute his brothers and sisters, and he has some of full blood
and others of half-blood, the inheritance shall be distributed equally unless a different intention
appears. (770a)

Article 849. When the testator calls to the succession a person and his children, they are all
deemed to have been instituted simultaneously and not successively. (771)

Article 850. The statement of a false cause for the institution of an heir shall be considered as not
written, unless it appears from the will that the testator would not have made such institution if he
had known the falsity of such cause. (767a)

Article 851. If the testator has instituted only one heir, and the institution is limited to an aliquot
part of the inheritance, legal succession takes place with respect to the remainder of the estate.
The same rule applies if the testator has instituted several heirs, each being limited to an aliquot
part, and all the parts do not cover the whole inheritance. (n)
Note:
- There is no intent to give all to the instituted heir or heirs, the remainder therefor, should
be divided proportionately
Article 852. If it was the intention of the testator that the instituted heirs should become sole heirs
to the whole estate, or the whole free portion, as the case may be, and each of them has been
instituted to an aliquot part of the inheritance and their aliquot parts together do not cover the
whole inheritance, or the whole free portion, each part shall be increased proportionally. (n)

5. Legitime of children and preterition

(on question of when is there preterition in connection to priority of payments)

Article 854. The preterition or omission of one, some, or all of the compulsory heirs in the direct
line, whether living at the time of the execution of the will or born after the death of the testator,
shall annul the institution of heir; but the devises and legacies shall be valid insofar as they are
not inofficious
If the omitted compulsory heirs should die before the testator, the institution shall be effectual,
without prejudice to the right of representation. (814a)
Preterition
- Omission of a compulsory heir in the inheritance of a person
Requisites of preterition
1. there is TOTAL omission in the inheritance
2. the one’s omitted is a COMPULSORY heir
3. the compulsory heir omitted must be in DIRECT line

Q: What if a compulsory heir is given less than his/her legitime, what is his/her remedy?
A: Demand for the completion or satisfaction of his/her legitime

Preterition Defective/Ineffective disinheritance

Art. 854 Art. 918
Effect: total intestacy or nullity Effect: partial nullity

Note: In case of preterition, the omitted heir gets his share NOT ONLY the legitime but also of the
free portion

6. Institution of modal
Art. 882. The statement of the object of the institution, or the application of the property left by the
testator, or the charge imposed by him, shall not be considered as a condition unless it appears
that such was his intention.
That which has been left in this manner may be claimed at once provided that the instituted heir or
his heirs give security for compliance with the wishes of the testator and for the return of anything
he or they may receive, together with its fruits and interests, if he or they should be disregarded
this obligation.
Note:
- aka institution modal or institucion sub-modo
a. object of the institution
EX. I institute A as my heir to give him enough money to obtain a legal education
b. application of the property left by the testator
Ex. I institute B as my heir. He will apply the properties of my estate to the erection of a
College of Law in Jaro, Leyte.
c. the charge imposed by the testator
Ex. I institute A as my heir. He will devote 10% of the annual income from my buildings for
the establishment of a professorial chair in Civil Law at University of Jaro.
Modal institution vs Conditional institution

Modal institution Conditional institution

Inheritance can be immediately demanded Suspensive condition – even if the heir wants
provided that bond or security is given to give security, he will not be allowed to do so,
and will not be allowed to get the property in
the meantime and the property will for the
meantime be placed under administration

Resolutory condition – property can be taken

upon the giving of security (is more likely the
same as modal institution)

Note:
- when in doubt as to whether there is a condition or merely a mode, consider the same as a
MODE
- when in doubt as whether it is a mode or a suggestion, consider the same as a SUGGESTION
- one who inherits with a mode is ALREADY AN HEIR; one who inherits conditionally is NOT YET
AN HEIR

7. What properties can be given as legacy or devise; exceptions

Art. 924. All things and rights which are within the commerce of man may be bequeathed or
devised.
Legacy – a gift which is a personal property
Devise – a gift which a real property

8. Institution of a sub legacy

Art. 925. A testator may charge with legacies and devises not only his compulsory heirs but also
legatees and devisees.
The latter shall be liable for the charge only to the extent of the value for the legacy or the devise
received by them. The compulsory heirs shall not be liable for the charge beyond the amount of
the free portion given them.
a. duty to the heir
“I hereby institute my only child C as heir; however, he must give a car worth P400, 000 to
L.” this is sub-legacy

b. duty is on the legatee or devisee

“I hereby give my car to L, but I want L to give P500, 000 to X.”
Note:
- a legatee who is bound to give a sub-legacy is liable only to the extent of the legacy given to him
- a compulsory heir is bound to give a sub-legacy only insofar as his legitime has not been
impaired

9. The revocation of legacy through alienation

Art. 929. If the testator, heir, or legatee owns only a part of, or an interest in the thing bequeathed,
the legacy or devise shall be understood limited to such part or interest, unless the testator
expressly declares that he gives the thing in its entirety.
- Di ako nakagets kon kay anu nga it testator nga owner la to a part of a thing and not the
whole pero he may bequeath the whole of it by express declaration. Bakit? What right do
he have with respect to the other part nga dri man ngani hiya tag iya.

10. Institution of property belonging to third person

Art. 930. The legacy or devise of a thing belonging to another person is void, if the testator
erroneously believed that the thing pertained to him. But if the thing bequeathed, though not
belonging to the testator when he made the will, afterwards becomes his, by whatever title, the
disposition shall take effect.
Art. 931. If the testator orders that a thing belonging to another be acquired in order that it be
given to a legatee or devisee, the heir upon whom the obligation is imposed or the estate must
acquire it and give the same to the legatee or devisee; but if the owner of the thing refuses to
alienate the same, or demands an excessive price therefor, the heir or the estate shall only be
obliged to give the just value of the thing.
Art. 932. The legacy or devise of a thing which at the time of the execution of the will already
belonged to the legatee or devisee shall be ineffective, even though another person may have
interest therein.
If the testator expressly orders that the thing be freed from such interest or encumbrance, the
legacy or devise shall be valid to that extent.

Examples:
1. In 2003, Chakadal made a will stating: “I hereby give Regine’s car to Jen”. In 2004, Regine sold
the car to Arbert, a 3rd person. Later, Chakadal died. Will Jen inherit?
- Yes, for here the estate should acquire the car from Arbert. Art. 931 applies.

2. Same as (a) except that the car was sold to Chakadal himself. Will Jen inherit?
- Yes, because said act of Chakadal may be considered in furtherance of his desire to give
to Jen. Moreover, the important thing is that at his death, Chakadal was the owner of the car. (Art.
930).

3. Same as (a) except that the car was sold by Regine to Jen herself, so that at testator’s death,
Jen was already the owner of the car being given to him as legacy. Is Jen entitled to get anything?
- Yes, Jen is entitled to a reimbursement since his acquisition was by onerous title. The
estate must reimburse him. (2nd par., Art. 933).
4. Same as (c) except that instead of a selling, there had been a donation by Regine to Jen. Is
Jen entitled to get anything from the estate?
- No, because the acquisition had been gratuitous. (2nd par., Art. 933).
11. Right of choice
Art. 940. In alternative legacies or devises, the choice is presumed to be left to the heir upon
whom the obligation to give the legacy or devise may be imposed, or the executor or administrator
of the estate if no particular heir is so obliged.
If the heir, legatee or devisee, who may have been given the choice, dies before making it, this
right shall pass to the respective heirs.
Once made, the choice is irrevocable.
In alternative legacies or devises, except as herein provided, the provisions of this Code
regulating the obligations of the same kind shall be observed, save such modifications as may
appear from the intention expressed by the testator.
COMMENT:
(1) Choice in Alternative Legacies or Devises
Example: A orders B, a devisee, to give C a ring or a car. B is given the right to choose. If B dies
(before making the choice, but after A’s death) the right to make the choice is not considered
personal and said right is, therefore, transmitted to B’s own heirs. Once the choice has been
made, it is irrevocable (because in such a case, the obligation has ceased to be alternative, and
has become a simple one) unless of course there has been fraud, intimidation, or any of the other
causes vitiating consent.
(2) Right of Choice — is given to the person burdened; thus, it may be the estate (executor or
administrator), the heir charged, or the legatee or devisee charged. (Art. 940). This is the same as
the general rule in alternative obligations.
NOTE:
(a) When out of two or more things to be given, only one is possible, the legacy is converted
into a simple one.
(b) The choice must be communicated to the recipient, after which communication the
alternative legacy becomes a simple one.
(c) Inasmuch as a choice is involved (although the things to be given may have been
specified), the rules relating to generic legacies may be applied, such as Arts. 941, 942,
and 943. (See 6 Manresa 706).].

Art. 941. A legacy of generic personal property shall be valid even if there be no things of the
same kind in the estate.
A devise of indeterminate real property shall be valid only if there be immovable property of its
kind in the estate.
The right of choice shall belong to the executor or administrator who shall comply with the legacy
by the delivery of a thing which is neither of inferior nor of superior quality. (875a)
Right of Choice
 (a) The right of choice is given to the estate or to the person BURDENED, unless such right is
expressly given to the person favored. (See Art. 942). This is the same as the rule in
alternative obligations.
(b) When the right to choose is given to the estate (executor or administrator) such right is
NOT ABSOLUTE, for certain restrictions must be observed:
1) Firstly — the choice must be “neither of inferior nor superior quality.” (Hence, the
medium quality must be selected.).
[NOTE: It seems that this restriction is not imposed when it is the heir (or the legatee or
devisee charged) who is supposed to make the selection. Note the wording of Art.
942.].
2) Secondly — in the case of generic personal legacies, if there be some in the estate,
the person charged must select from them, and not from those outside the estate. (See
6 Manresa 713).

Art. 942. Whenever the testator expressly leaves the right of choice to the heir, or to the legatee
or devisee, the former may give or the latter may choose whichever he may prefer. (876a)
When Right of Choice is Given to Others
(a) When the testator does not state who can choose, the giver has the right to do so. (Art.
940).
(b) Art. 942 applies only when the right of choice is expressly given to one by the testator
himself.
(c) “Legatee or devisee” in this Article refers to the legatee or devisee favored (not to the
legatee or devisee charged). Of course, the legatee or devisee charged may be given the
choice in the case of a sub-legacy or a sub-devise.
(d) The things selected need not be of medium quality.
(e) Once the selection or choice has been made, it is irrevocable except for the usual causes
vitiating consent.
(f) How is the choice made? In any way which clearly reveals the conscious and deliberate
exercise of the right of choice. (Decision of the Supreme Court of Spain of Nov. 23, 1904).

Art. 943. If the heir, legatee or devisee cannot make the choice, in case it has been granted him,
his right shall pass to his heirs; but a choice once made shall be irrevocable. (877a)
When Choice is Passed to Recipient’s Heirs
(a) In the clause “his right shall pass to his heirs,” “heirs” are the heirs of the person allowed to
make the selection, whether they be heirs of the person burdened or of the person favored
except, of course, in the case of an executor or administrator. Here, the successor to said
position must make the choice.
(b) The right to choose may, of course, be renounced, provided all the requisites for the
waiver of a right are present.
(c) The choosing may even be embodied in a will of the person entitled to make the choice.
When so made, it is irrevocable, even if the will itself is revocable. (Note that the rule is the
same in the case of the recognition of an illegitimate child.) (See TS, Nov. 23, 1904).

12. Legacy of generic indeterminate property (real and immovable); if there is none in the
estate
Art. 941. A legacy of generic personal property shall be valid even if there be no things of the
same kind in the estate.
A devise of indeterminate real property shall be valid only if there be immovable property of its
kind in the estate.
The right of choice shall belong to the executor or administrator who shall comply with the legacy
by the delivery of a thing which is neither of inferior nor of superior quality. (875a)
- Generic personal – valid even if there be none in the estate; the estate is being required to
get one
- Generic real – not valid if there be none of its kind in the estate
Art. 942. Whenever the testator expressly leaves the right of choice to the heir, or to the legatee
or devisee, the former may give or the latter may choose whichever he may prefer. (876a)
Art. 943. If the heir, legatee or devisee cannot make the choice, in case it has been granted him,
his right shall pass to his heirs; but a choice once made shall be irrevocable. (877a)
Art. 948. If the legacy or devise is of a specific or determinate thing pertaining to the testator,
the legatee or devisee acquires the ownership thereof upon the death of the testator, as well as
any growing fruits, or unborn offspring of animals, or uncollected income; but NOT THE INCOME
which was due and unpaid before the latter’s death.
From the moment of the testator’s death, the thing bequeathed shall be at the risk of the legatee
or devisee, who shall therefore, bear its loss or deterioration, and shall be benefited by its
increase or improvement, without prejudice to the responsibility of the executor or administrator.

13. Legacy for education and support

Art. 944. A legacy for education lasts until the legatee is of age, or beyond the age of majority
in order that the legatee may finish some professional, vocational or general course,
provided he pursues his course diligently.
A legacy for support last during the lifetime of the legatee, if the testator has not otherwise
provided.
If the testator has not fixed the amount of such legacies, it shall be fixed in accordance with the
social standing and the circumstance of the legatee and the value of the estate.
If the testator during his lifetime used to give the legatee a certain sum of money or other things
by way of support, the same amount shall be deemed bequeathed, unless it be markedly
disproportionate of the value of the estate.

14. Priority of payments

Art. 911. After the legitime has been determined in accordance with the three preceeding articles,
the reduction shall be made as follows:
(1) Donations shall be respected as long as the legitime can be covered, reducing or annulling, if
necessary, the devises or legacies made in the will;
(2) The reduction of the devises or legacies shall be pro rata without any distinction
whatever;
If the testator has directed that a certain devise or legacy be paid in preference to others, it shall
not suffer any reduction until the latter have been applied in full to the payment of the legitime;
(3) if the devise or legacy consists of a usufruct or life annuity, those value may be considered
greater than that of the disposable portion, the compulsory heirs may choose between complying
with the testamentary provision and delivering to the devisee or legatee the part of the inheritance
of which the testator could freely dispose.
Order of preference in the hereditary estate:
After the net hereditary estate has been ascertained, what should be the order of
payment?
a. give the legitimes
b. give the donations inter vivos
c. give the preferred legacies and devises
d. give all other devises and legacies pro rata (in case the estate is not insufficient)

Art. 911 vs Art. 950

Art. 911 Art. 950

Applies when aside from the various legacies Applies only when there are no compulsory
and devises, there are legitimes to be heirs or when there are no inofficious
preserved or there are donations inter vivos donations inter vivos.
which should be respected In other words, if reduction concerns merely
with the legacies or devises, this Art. Shall
apply

Art. 950. If the estate should not be sufficient to cover all the legacies or devises, their
payment shall be made in the following order:
a. remuneratory legacies or devises
b. legacies or devises declared by the testator to be preferential
c. legacies for support
d. legacies for education
e. legacies or devises of a specific, determinate thing which forms a part of the estate
f. all other pro-rata
Rules on priority of payments:
1. Apply CivPro to find out how much the gifts must be reduced in order to settle the debts, etc.
2. Apply Art. 950 of the NCC to find out which gifts must be reduced, in order to accommodate all
of them in the free disposal

15. Institution to the church

Art. 1027. The following are incapable of succeeding:
(1) The priest who heard the confession of the testator during his last illness, or the minister of
the gospel who extended spiritual aid to him during the same period;
(2) The relatives of such priest or minister of the gospel within the fourth degree, the
church, order, chapter, community, organization, or institution to which such priest or
minister may belong;
(3) A guardian with respect to testamentary dispositions given by a ward in his favor
before the final accounts of the guardianship have been approved, even if the testator should die
after the approval thereof; nevertheless, any provision made by the ward in favor of the guardian
when the latter is his ascendant, descendant, brother, sister, or spouse, shall be valid;
(4) Any attesting witness to the execution of a will, the spouse, parents, or children, or any
one claiming under such witness, spouse, parents, or children;
(5) Any physician, surgeon, nurse, health officer or druggist who took care of the testator
during his last illness;
(6) Individuals, associations and corporations not permitted by law to inherit.
Par. 1
- the will must have been made during the “last illness”
- also been made after the confession
- while illness must be the last, the confession need not be last
Par. 3
- guardians are disqualified to inherit unless the will was made after the approval of the final
accounts
- guardian is a relative

16. Institution of the poor

Art. 1030. Testamentary provisions in favor of the poor in general, without designation of
particular persons or of any community, shall be deemed limited to the poor living in the domicile
of the testator at the time of his death, unless it should clearly appear that his intention was
otherwise.
The designation of the persons who are to be considered as poor and the distribution of the
property shall be made by the person appointed by the testator for the purpose; in default of such
person, by the executor, and should there be no executor, by the justice of the peace, the mayor,
and the municipal treasurer, who shall decide by a majority of votes all questions that may arise.
In all these cases, the approval of the Court of First Instance shall be necessary.
The preceding paragraph shall apply when the testator has disposed of his property in favor of the
poor of a definite locality.

- reenaroses