This case has been cited 1 times or more.
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2005-09-02 |
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| Finally, it should be noted that on the matter of appointment of administrator of the estate of the deceased, the surviving spouse is preferred over the next of kin of the decedent.[38] When the law speaks of "next of kin", the reference is to those who are entitled, under the statute of distribution, to the decedent's property;[39] one whose relationship is such that he is entitled to share in the estate as distributed,[40] or, in short, an heir. In resolving, therefore, the issue of whether an applicant for letters of administration is a next of kin or an heir of the decedent, the probate court perforce has to determine and pass upon the issue of filiation. A separate action will only result in a multiplicity of suits. Upon this consideration, the trial court acted within bounds when it looked into and pass upon the claimed relationship of respondent to the late Francisco Angeles. | |||||