Article 1445

Article 1445
By: Gretzen M. Colona



No trust shall fail because the trustee appointed declines the designation, unless the contrary should appear in the instrument constituting the trust.

Ang trust ay hindi maaring maparam o mabigo sa kadahilanan ng hindi pagtanggap ng trustee sa kanyang pagtatalaga, maliban na lang kung ang kabaliktaran ay makikita sa instrumento kung saan nabubuo o naisasaad ang trust.

EFFECT OF DECLINATION BY TRUSTEE – Court appoints new trustee

GOVERNMENT 

vs

ABADILLA


FACTS:
A school teacher originally owned three parcels of land, by composicion gratuita.

Before dying, he executed a holographic will party in Spanish and partly in Tagalog, leaving their possession to his widow. The will contained a Tagalog clause which translated read:
That the coconut land in Colongcolong, which I have put under cultivation, be used by my wife after my death during her life or until she marries, but from this cocoanut land shall be taken what is to be lent to the persons who are to plant cocoanut trees and that which is to be paid to them as their share of the crop if any should remain; and that she try to earn with the product of the cocoanut trees of which those bearing fruit are annually increasing; and if the times aforementioned should arrive, I prepare and donate it to secondary college to be erected in the capital of Tayabas; so this will be delivered by my wife and the executors to the Ayuntamiento of this town, should there be any, and if not, to the civil governor of this province in order to cause the manager thereof to comply with my wishes for the good of many and the welfare of the town. After the school teacher died, the widow remained in possession of the land and remarried. Subsequently, collateral heirs of the deceased brought an action against the widow for the partition of the lands arguing that she, by reason of her second marriage, had lost the right to their exclusive use and possession. The municipality of Tayabas intervened claiming the land based on the said clause in the will. During the pendency of the action, an agreement was arrived at by the parties, where two lots were turned over to the municipality as its share of the inheritance under the will, and the remaining lot left in the possession of the widow. Based on the agreement, the action was dismissed with the concurrence of all the parties, but reserving to the collateral heirs the right to bring another action. The municipality of Tayabas the widow had uninterrupted possession of their respective lots. The court also ordered registration of the three lots in the name of the governor of Tayabas in trust for the secondary school to be established. The widow and the collateral heirs appealed.

ISSUE:
WON the property should be given to the collateral heirs.

HELD: 
NO. A trust can be created even when the
cestui que trust be in esse.

Many thanks & God bless.

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