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G.R. No. L-23678 (June 6, 1967) Testate of Amos Bellis vs. Edward A. Bellis, Et Al Facts

Amos Bellis was a citizen of Texas who owned property in the Philippines. He had both legitimate and illegitimate children. In his will, he left his estate to his legitimate children but not his illegitimate children. The illegitimate children argued they were entitled to a portion of the estate under Philippine law. However, the Supreme Court ruled that since Bellis was a citizen of Texas, his will's validity must be judged according to Texas law, not Philippine law. As Texas law does not provide legitimes for illegitimate children, Bellis' will depriving them of a share of the estate was valid. The illegitimate children were not entitled to a portion of the estate.

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57 views1 page

G.R. No. L-23678 (June 6, 1967) Testate of Amos Bellis vs. Edward A. Bellis, Et Al Facts

Amos Bellis was a citizen of Texas who owned property in the Philippines. He had both legitimate and illegitimate children. In his will, he left his estate to his legitimate children but not his illegitimate children. The illegitimate children argued they were entitled to a portion of the estate under Philippine law. However, the Supreme Court ruled that since Bellis was a citizen of Texas, his will's validity must be judged according to Texas law, not Philippine law. As Texas law does not provide legitimes for illegitimate children, Bellis' will depriving them of a share of the estate was valid. The illegitimate children were not entitled to a portion of the estate.

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AB
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© © All Rights Reserved
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G.R. No.

L-23678 (June 6, 1967)


Testate of Amos Bellis vs. Edward A. Bellis, et al
FACTS:
Amos G. Bellis was a citizen of the State of Texas and of the United States. He had five legitimate
children with his first wife (whom he divorced), three legitimate children with his second wife (who
survived him) and, finally, three illegitimate children.
6 years prior Amos Bellis death, he executed two(2) wills, apportioning the remainder of his estate
and properties to his seven surviving children. The appellants filed their oppositions to the project of
partition claiming that they have been deprived of their legitimes to which they were entitled
according to the Philippine law. Appellants argued that the deceased wanted his Philippine estate to
be governed by the Philippine law, thus the creation of two separate wills.
ISSUE:
Whether or not the Philippine law be applied in the case in the determination of the illegitimate
childrens successional rights
RULING:
Court ruled that provision in a foreigners will to the effect that his properties shall be distributed in
accordance with Philippine law and not with his national law, is illegal and void, for his national law
cannot be ignored in view of those matters that Article 10 now Article 16 of the Civil Code
states said national law should govern.
Where the testator was a citizen of Texas and domiciled in Texas, the intrinsic validity of his will
should be governed by his national law. Since Texas law does not require legitimes, then his will,
which deprived his illegitimate children of the legitimes, is valid.
The Supreme Court held that the illegitimate children are not entitled to the legitimes under the texas
law, which is the national law of the deceased.

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