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Blas et al vs Santos et al

Sometime before 1898, Simeon Blas married Marta Cruz with whom he had three

children. He also had grandchildren from his children with Marta Cruz. In 1898, MartaCruz died. In 1899, Blas married Maima Santos !the" had no children# but the

$ro$erties he and his former wife ac%uired during the first marriage were not li%uidated.

In 19&', Simeon Blas eecuted a will dis$osing half of his $ro$erties in fa(or of Maima

the other half for $a"ment of debts, Blas also named a few de(isees and legatees

therein. In lieu of this, Maima eecuted a document whereb" she intimated that she

understands the will of her husband) that she $romises that she*ll be gi(ing, u$on her

death, one+half of the $ro$erties she*ll be ac%uiring to the heirs and legatees named in

the will of his husband) that she can select or choose an" of them de$ending u$on the

res$ect, ser(ice, and treatment accorded to her b" said legateesheirsde(isees.

In 19&-, Simeon Blas died. In 19', Maima died and /osalina Santos became

administratri of her estate. In the same "ear, Maria 0er(acio Blas, child of Simeon Blas

in his first marriage, together with three other grandchildren of Simeon Blas !heirs of

Simeon Blas#, learned that Maima did not fulfill her $romise as it was learned that

Maima onl" dis$osed not e(en one+tenth of the $ro$erties she ac%uired from Simeon

Blas.

he heirs are now contending that the" did not $artition Simeon Blas* $ro$ert" $recisel"

because Maima $romised that the"*ll be recei(ing $ro$erties u$on her death.

ISSUE: 2hether or not the heirs should recei(e $ro$erties based on the $romise of

Maima.

HELD: 3es. he $romise is (alid and enforceable u$on her death. hough it is not a will

!it lac4s the formalit"# nor a donation, it is still enforceable because said $romise was

actuall" eecuted to a(oid litigation !$artition of Simeon Blas* estate# hence it is a

com$romise.

It is not dis$uted that this document was $re$ared at the instance of Simeon Blas for the

reason that the con5ugal $ro$erties of his first marriage had not been li%uidated. It is an

obligation or $romise made b" the ma4er to transmit one+half of her share in the

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con5ugal $ro$erties ac%uired with her husband, which $ro$erties are stated or declared

to be con5ugal $ro$erties in the will of the husband.