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McMicking v. Sy Conbieng

Margarita Jose died without a will. Engracio Palanca was appointed administrator of her estate, with Lao Sempco and Dy Cunyao as sureties. Sempco later died, and Doroteo Velasco was appointed administrator of Sempco's estate, with new sureties. McMicking replaced Palanca as administrator of Jose's estate. McMicking applied for commissioners to hear claims against Sempco's estate, which was granted. However, no claim was discovered or application made within the two years required by law. Therefore, the appointment of commissioners was without authority.

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75 views1 page

McMicking v. Sy Conbieng

Margarita Jose died without a will. Engracio Palanca was appointed administrator of her estate, with Lao Sempco and Dy Cunyao as sureties. Sempco later died, and Doroteo Velasco was appointed administrator of Sempco's estate, with new sureties. McMicking replaced Palanca as administrator of Jose's estate. McMicking applied for commissioners to hear claims against Sempco's estate, which was granted. However, no claim was discovered or application made within the two years required by law. Therefore, the appointment of commissioners was without authority.

Uploaded by

Topher Taylo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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McMicking v.

Sy Conbieng
FACTS: Margarita Jose died intestate.
Engracio Palanca was appointed administrator
of Jose’s estate. Lao Sempco and Dy Cunyao
became Palanca’s sureties. Sempco died so
Palanca produced new sureties (Fernandez,
Vismanos, and Alejandro Palanca). Doroteo
Velasco was appointed administrator of
Sempco’s estate. Mariano Velasco and
Barretto became Velasco’s sureties. Palanca
was removed from office as administrator of
Jose’s estate and was replaced by McMicking.
McMicking, as administrator, applied for the
appointment of commissioners of Sempco’s
estate to hear claims against the estate, which
was granted. Commissioners allowed the claim
of McMicking. The court approved this and
ordered Velasco to pay the claim. No payment
was made.
RATIO: [Rule 74, Sec. 4] creates a prescription
which deprives all debts which are not
discovered within the prescribed time of the
power of requiring an administrator of the
estate. In order that it be a reason for
appointment and administration, the claim must
be presented within 2 years from the date of
the partition and distribution. Here, no debt was
discovered during the prescribed period. Also,
no creditor made his application. The
requirements of [Rule 74, Sec. 4] having not
met, there could be no administration and thus
the appointment of commissioners to hear the
claim against the estate of Sempco was
without authority.

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