The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800)Cunningham, Charles Henry
History
The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800)
Cunningham, Charles Henry
Philippines -- History -- 1521-1812; Spain -- Colonies -- Administration
As in other cases noted in this and in former chapters, so in the
administration of the estates left by intestate decedents the laws
seem to have undergone considerable change. In 1526, Charles V ordered
that such estates were to be administered under the supervision of the
audiencia. In 1550, the place of special juez de difuntos was created
in each audiencia, the post to be filled by a magistrate designated
by the president. In 1653, Philip IV added to the importance of the
office by decreeing that all intestate cases should be administered by
a special juez de difuntos, irrespective as to whether the heirs were
in Spain, or at the place where the death took place. [322] This law
provided that if children or descendants were left whose legitimacy
was unquestioned, the heirs being in the colony, or if a will legally
attested and witnessed were left, the case was to be settled in the
ordinary courts. If there were doubt, however, as to the validity
of the claims of persons representing themselves as descendants, or
if there were no heirs, the case would then be administered by the
juez de difuntos. Settlements made by the ordinary justices were not
reviewed in the royal audiencia. The authority accorded them frequently
afforded pretexts for their intervention in cases which should have
been settled by the juez de difuntos, particularly when heirs were
left in Spain and in other colonies. A number of disagreements arose
over this point, but all doubt was conclusively settled by the cédula
of January 31, 1772, which awarded such jurisdiction to the juez
de difuntos. [323] This was confirmed by the law of September 28,
1797. Foreigners residing outside the dominions were not allowed to
inherit property left to them in the colonies, even though they were
lineal descendants. [324] Heirs or others claiming property left by
deceased persons must appear in person, or have others appear for
them, properly authorized, and must prove conclusively their rights
as heirs or creditors.
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