Aznar v. Duncan
17 SCRA 590
FACTS:
Christensen died testate. The will was admitted to probate. The court declared that Helen Garcia was a natural child of the deceased. The Court of First Instance equally divided the properties of the estate of Christensen between Lucy Duncan (whom testator expressly recognized in his will as his daughter) and Helen Garcia. In the order, the CFI held that Helen Garcia was preterited in the will thus, the institution of Lucy Duncan as heir was annulled and the properties passed to both of them as if the deceased died intestate.
ISSUE:
Whether the estate, after deducting the legacies, should be equally divided or whether the inheritance of Lucy as instituted heir should be merely reduced to the extent necessary to cover the legitime of Helen Garcia, equivalent to ¼ of the entire estate.
HELD:
The inheritance of Lucy should be merely reduced to cover the legitime of Helen Garcia.
Christensen refused to acknowledge Helen Garcia as his natural daughter and limited her share to a legacy of P3,600.00. When a testator leaves to a forced heir a legacy worth less than the legitime, but without referring to the legatee as an heir or even as a relative, and willed the rest of the estate to other persons, the heir could not ask that the institution of the heirs be annulled entirely, but only that the legitime be completed.
