---

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. 22102           September 19, 1924

Testate estate of Jose Flores, deceased. RAFAEL FLORES, administrator of the estate, applicant,
vs.
SOTERO FLORES and AGUEDA FLORES, petitioners;
GERARDO FLORES, opponent-appellee;
MANUEL GUANZON, claimant-appellant.

Marcelino Aguas for appellant.
Felix B. Bautista for appellee.

ROMUALDEZ, J.:

The administrator of the estate applied to the lower court for authority to sell certain properties of the inheritance. That court denied the application because the question about the title to the property sought to be sold had not as yet been finally decided.

This appeal from said ruling which we find substantially correct. The liquidation of an inheritance consists not only in the payment of its debts, but also in the determination of its assets and properties. And as the debts are to be paid out of said properties, it is obvious that there must first be determined what properties can legally be disposed of by the administrator, so that he may use them afterwards in the payment of the debts. We find no sufficient merit in the assignment of errors.

The orders appealed from are affirmed with the costs against the appellant. So ordered.

Johnson, Street, Malcolm, Avanceña, Villamor, and Ostrand, JJ., concur.

The Lawphil Project - Arellano Law Foundation

---